50 CFR § 665.198-665.270 - Hawaii Fisheries

432 50 CFR Ch. VI (10–1–22 Edition) § 665.168 exploratory area will equal the quota minus the estimated domestic annual harvest for that year. (2) As soon as practicable after De cember 31 each year, the Regional Ad ministrator will determine the amount harvested by vessels of the United States between July 1 and December 31 of the year that just ended on Decem ber 31. (3) NMFS will release to TALFF an amount of precious coral for each ex ploratory 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 Re gional Administrator’s determination and a summary of the information on which it is based as soon as practicable after the determination is made. (d) Exploratory areas. The American Samoa exploratory permit area X–P– AS has an annual quota of 1,000 kg for all American Samoa precious coral ECS combined with the exception of black corals. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, Feb. 8, 2019] § 665.168 Seasons. The fishing year for precious coral begins on July 1 and ends on June 30 the following year. § 665.169 Gold coral harvest morato rium. Fishing for, taking, or retaining any gold coral in any precious coral permit area is prohibited through June 30, 2023. [83 FR 27717, June 14, 2018] Subpart C—Hawaii Fisheries § 665.198 Management area. The Hawaii fishery management area is the EEZ seaward of the State of Ha waii, including the Main Hawaiian Is lands (MHI) and Northwestern Hawai ian Islands (NWHI), with the inner boundary a line coterminous with the seaward boundaries of the State of Ha waii and the outer boundary a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured. § 665.199 Area restrictions [Reserved] § 665.200 Hawaii bottomfish and sea mount groundfish fisheries. [Re served] § 665.201 Definitions. As used in §§ 665.200 through 665.219: Deep 7 bottomfish means the following species: Local name Common name Scientific name (1) lehi .................................................... silver jaw jobfish .................................... Aphareus rutilans. (2) ehu ................................................... squirrelfish snapper ............................... Etelis carbunculus. (3) onaga ............................................... longtail snapper ..................................... Etelis coruscans. (4) hapuupuu ......................................... sea bass ................................................ Hyporthodus quernus. (5) opakapaka ........................................ pink snapper ......................................... Pristipomoides filamentosus. (6) kalekale ............................................ pink snapper ......................................... Pristipomoides sieboldii. (7) gindai ................................................ snapper ................................................. Pristipomoides zonatus. Deep 7 bottomfish fishing year means the year beginning at 0001 local time on September 1 and ending at 2400 HST on August 31 of the next calendar year. Hawaii bottomfish ecosystem component species (Hawaii bottomfish ECS) means those species that are not listed as Ha waii bottomfish MUS and that are identified as ECS in Table 4 of the Ha waii FEP. Hawaii bottomfish management unit species (Hawaii bottomfish MUS) means the following species: Local name Common name Scientific name (1) lehi .................................................... silver jaw jobfish .................................... Aphareus rutilans. (2) uku .................................................... gray jobfish ............................................ Aprion virescens. (3) ehu ................................................... squirrelfish snapper ............................... Etelis carbunculus. (4) onaga ............................................... longtail snapper ..................................... Etelis coruscans. (5) hapuupuu ......................................... sea bass ................................................ Hyporthodus quernus. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00442 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 433 Fishery Conservation and Management § 665.203 Local name Common name Scientific name (6) opakapaka ........................................ pink snapper ......................................... Pristipomoides filamentosus. (7) kalekale ............................................ pink snapper ......................................... Pristipomoides sieboldii. (8) gindai ................................................ snapper ................................................. Pristipomoides zonatus. Main Hawaiian Islands non-commercial bottomfish permit means the permit re quired by § 665.203(a)(2) to own or fish from a vessel that is used in any non commercial vessel-based fishing, land ing, 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 is lands of the NWHI and as measured from the following coordinates: Name N. lat. W. long. Nihoa Island ......................................... 23°05′ 161°55′ Necker Island ....................................... 23°35′ 164°40′ French Frigate Shoals ......................... 23°45′ 166°15′ Gardner Pinnacles ............................... 25°00′ 168°00′ Maro Reef ............................................ 25°25′ 170°35′ Laysan Island ...................................... 25°45′ 171°45′ Lisianski Island .................................... 26°00′ 173°55′ Pearl and Hermes Reef ....................... 27°50′ 175°50′ Midway Island ...................................... 28°14′ 177°22′ Kure Island .......................................... 28°25′ 178°20′ Seamount Groundfish means the fol lowing species: Common name Scientific name Armorhead ........... Pentaceros wheeleri. Alfonsin ................ Beryx splendens. Raftfish ................. Hyperoglyphe japonica. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, Feb. 8, 2019; 84 FR 29396, June 24, 2019] § 665.202 Management subareas. (a) The Hawaii fishery management area is divided into subareas with the following designations and boundaries: (1) Main Hawaiian Islands means the U.S. EEZ around the Hawaiian Archi pelago lying to the east of 161°20′ W. long. (2) Northwestern Hawaiian Islands means the EEZ around the Hawaiian Archipelago lying to the west of 161°20′ W. long. For the purposes of regula tions issued under this subpart, Mid way Island is treated as part of the NWHI Subarea. (i) Ho’omalu Zone means that por tion 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 Hawai ian Islands west of 180° W. long. and north of 28° N. lat. (b) The inner boundary of each man agement subarea is a line coterminous with the seaward boundaries of the State of Hawaii. (c) The outer boundary of each man agement 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 meas ured. [75 FR 2205, Jan. 14, 2010, as amended at 75 FR 69015, Nov. 10, 2010] § 665.203 Permits. (a) Applicability—(1) Northwestern Ha waiian Islands. The owner of any vessel used to fish for, land, or transship Ha waii bottomfish MUS or ECS shore ward of the outer boundary of the NWHI subarea must have a permit issued under this section, and the per mit 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 in valid June 14, 1999, except that a per mit 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 per mit 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 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00443 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 434 50 CFR Ch. VI (10–1–22 Edition) § 665.203 who participates in non-commercial, vessel-based fishing, landing, or trans shipment of Hawaii bottomfish MUS or ECS in the MHI management subarea is required to obtain an MHI non-com mercial 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-commer cial, 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 de scribed in § 665.13. (2) Ho’omalu Zone limited access per mit. In addition to an application under § 665.13(c), each applicant for a Ho’omalu Zone permit must also sub mit a supplementary information sheet provided by PIRO, which must be signed by the vessel owner or a des ignee and include the following infor mation: (i) The qualification criterion that the applicant believes he or she meets for issuance of a limited access permit; (ii) A copy of landings receipts or other documentation, with a certifi cation from a state or Federal agency that this information is accurate, to demonstrate participation in the NWHI bottomfish fishery; and (iii) If the application is filed by a partnership or corporation, the names of each of the individual partners or shareholders and their respective per centages of ownership of the partner ship or corporation. (3) Mau Zone limited access permit. PIRO will not accept applications for a new Mau Zone permit after June 14, 1999. In addition to an application under § 665.13(c), each applicant for a Mau Zone permit must also submit a supplementary information sheet pro vided by PIRO, which must be signed by the vessel owner or a designee and include the following information: (i) The qualification criterion that the applicant believes he or she meets for issuance of a limited access permit; (ii) Copy of State of Hawaii catch re port(s) to demonstrate that the per mitted vessel had made qualifying landings of bottomfish from the Mau Zone; and (iii) If the application is filed by a partnership or corporation, the names of each of the individual partners or shareholders and their respective per centage of ownership of the partnership or corporation. (c) Sale or transfer of Ho’omalu lim ited access permits to new vessel own ers. (1) A Ho’omalu zone permit may not be sold or otherwise transferred to a new owner. (2) A Ho’omalu zone permit or per mits may be held by a partnership or corporation. If 50 percent or more of the ownership of the vessel passes to persons other than those listed in the original application, the permit will lapse and must be surrendered to the Regional Administrator. (d) Transfer of Ho’omalu Zone lim ited access permits to replacement ves sels. (1) Upon application by the owner of a permitted vessel, the Regional Ad ministrator will transfer that owner’s permit to a replacement vessel owned by that owner, provided that the re placement vessel does not exceed 60 ft (18.3 m) LOA. The replacement vessel must be put into service no later than 12 months after the owner applies for the transfer, or the transfer shall be void. (2) An owner of a permitted vessel may apply to the Regional Adminis trator for transfer of that owner’s per mit to a replacement vessel greater than 60 ft (18.3 m) LOA. The Regional Administrator may transfer the permit upon determining, after consultation with the Council and considering the objectives of the limited access pro gram, that the replacement vessel has catching power that is comparable to the rest of the vessels holding permits for the fishery, or has catching power that does not exceed that of the origi nal vessel, and that the transfer is not inconsistent with the objectives of the program. The Regional Administrator shall consider vessel length, range, hold capacity, gear limitations, and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00444 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 435 Fishery Conservation and Management § 665.203 other appropriate factors in making de terminations of catching power equiva lency and comparability of the catch ing power of vessels in the fishery. (e) Ho’omalu Zone limited access per mit renewal. (1) A qualifying landing for Ho’omalu Zone permit renewal is a landing of at least 2,500 lb (1,134 kg) of Hawaii bottomfish MUS or ECS from the Ho’omalu Zone or a landing of at least 2,500 lb (1,134 kg) of fish from the Ho’omalu Zone, of which at least 50 percent by weight was Hawaii bottomfish MUS or ECS. A permit is eligible for renewal for the next cal endar year if the vessel covered by the permit made three or more qualifying landings during the current calendar year. (2) The owner of a permitted vessel that did not make three or more quali fying landings of bottomfish in a year may apply to the Regional Adminis trator for a waiver of the landing re quirement. If the Regional Adminis trator finds that failure to make three landings was due to circumstances be yond the owner’s control, the Regional Administrator may renew the permit. A waiver may not be granted if the failure to make three landings was due to general economic conditions or mar ket conditions, such that the vessel op erations would not be profitable. (f) Issuance of new Ho’omalu Zone limited access permits. The Regional Administrator may issue new Ho’omalu Zone limited access permits under § 665.13 if the Regional Adminis trator determines, in consultation with the Council, that bottomfish stocks in the Ho’omalu Zone are able to support additional fishing effort. (g) Eligibility for new Ho’omalu Zone limited access permits. When the Re gional Administrator has determined that new permits may be issued, they shall be issued to applicants based upon eligibility, determined as follows: (1) Point system. (i) Two points will be assigned for each year in which the ap plicant was owner or captain of a ves sel that made three or more of any of the following types of landings in the NWHI: (A) Any amount of Hawaii bottomfish MUS, regardless of weight, if made on or before August 7, 1985; (B) At least 2,500 lb (1,134 kg) of Ha waii bottomfish MUS, if made after Au gust 7, 1985; or (C) At least 2,500 lb (1,134 kg) of any fish lawfully harvested from the NWHI, of which at least 50 percent by weight was bottomfish, if made after August 7, 1985. (ii) One point will be assigned for each year in which the applicant was owner or captain of a vessel that land ed at least 6,000 lb (2,722 kg) of bottomfish from the MHI. (iii) For any one year, points will be assigned under either paragraph (g)(1)(i) or (g)(1)(ii) of this section, but not under both paragraphs. (iv) Before the Regional Adminis trator issues a Ho’omalu zone permit to fish for bottomfish under this sec tion, the primary operator and relief operator named on the application form must have completed a protected species workshop conducted by NMFS. (2) Restrictions. An applicant must own at least a 25 percent share in the vessel that the permit would cover, and only one permit will be assigned to any vessel. (3) Order of issuance. New permits shall be awarded to applicants in de scending order, starting with the appli cant with the largest number of points. If two or more persons have an equal number of points, and there are insuffi cient new permits for all such appli cants, the new permits shall be award ed by the Regional Administrator through a lottery. (4) Notification. The Regional Admin istrator shall place a notice in the FED ERAL REGISTER and shall use other means to notify prospective applicants of the opportunity to file applications for new permits under this program. (h) Eligibility for new Mau Zone lim ited access permits. (1) PIRO will issue an initial Mau Zone permit to a vessel owner who qualifies for at least three points under the following point system: (i) An owner who held a Mau Zone permit on or before December 17, 1991, and whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS on or before December 17, 1991, shall be assigned 1.5 points. (ii) An owner whose permitted vessel made at least one qualifying landing of VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00445 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 436 50 CFR Ch. VI (10–1–22 Edition) § 665.203 Hawaii bottomfish MUS during 1991 shall be assigned 0.5 point. (iii) An owner whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS during 1992 shall be assigned 1.0 point. (iv) An owner whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS during 1993 shall be assigned 1.5 points. (v) An owner whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS during 1994 shall be assigned 2.0 points. (vi) An owner whose permitted vessel made at least one qualifying landing of Hawaii bottomfish MUS during 1995 shall be assigned 2.5 points. (vii) An owner whose permitted ves sel made at least one qualifying land ing of Hawaii bottomfish MUS during 1996 shall be assigned 3.0 points. (viii) Before PIRO issues a Mau Zone permit to fish for bottomfish under this section, the primary operator and relief operator named on the applica tion form must have completed a pro tected species workshop conducted by NMFS. (2) For purposes of this paragraph (h), a ‘‘qualifying landing’’ means any amount of Hawaii bottomfish MUS lawfully harvested from the Mau Zone and offloaded for sale. No points shall be assigned to an owner for any quali fying landings reported to the State of Hawaii more than 1 year after the land ing. (3) More than one Mau Zone permit may be issued to an owner of two or more vessels, provided each of the own er’s vessels for which a permit will be registered for use has made the re quired qualifying landings for the owner to be assigned at least three eli gibility points. (4) A Mau Zone permit holder who does not own a vessel at the time ini tial permits are issued must register the permit for use with a vessel owned by the permit holder within 12 months from the date the permit was issued. In the interim, the permit holder may register the permit for use with a leased or chartered vessel. If within 12 months of initial permit issuance, the permit holder fails to apply to PIRO to register the permit for use with a ves sel owned by the permit holder, then the permit shall expire. (5) For each of paragraphs (h)(1)(i) through (h)(1)(viii) of this section, PIRO shall assign points based on the landings of one permitted vessel to only one owner if the vessel did not have multiple owners during the time frame covered by the subordinate para graphs. If a vessel had multiple owners during a time frame covered by any of paragraphs (h)(1)(i) through (h)(1)(viii) of this section (including joint owners, partners, or shareholders of a corporate owner), PIRO will assign the points for that subordinate paragraph to a single owner if only one owner submits an ap plication with respect to the landings of that vessel during that time frame. If multiple owners submit separate ap plications with respect to the same landings of the same vessel during the same time frame, then PIRO shall: (i) Adhere to any written agreement between the applicants with respect to who among them shall be assigned the aggregate point(s) generated by land ings during such time frame(s), or (ii) If there is no agreement: (A) Shall issue the applicants a joint permit provided the vessel’s landings during such time frames generated at least three points, or (B) In the event the vessel’s landings during such time frame(s) generated less than three points, shall not assign any points generated by the vessel’s landings during such time frame(s). (i) Ownership requirements and reg istration of Mau Zone limited access permits for use with other vessels. (1) A Mau Zone permit may be held by an individual, partnership, or cor poration. No more than 49 percent of the underlying ownership interest in a Mau Zone permit may be sold, leased, chartered, or otherwise transferred to another person or entity. If more than 49 percent of the underlying ownership of the permit passes to persons or enti ties other than those listed in the original permit application supple mental information sheet, then the permit expires and must be surrendered to PIRO. (2) A Mau Zone permit holder may apply under § 665.13 to PIRO to register the permit for use with another vessel if that vessel is owned by the permit VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00446 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 437 Fishery Conservation and Management § 665.204 holder, and is no longer than 60 ft (18.3 m) LOA. (3) If a Mau Zone permit holder sells the vessel for which the permit is reg istered for use, the permit holder must, within 12 months of the date of sale, apply to PIRO to register the permit for use with a vessel owned by the per mit holder. If the permit holder has not applied to register a replacement ves sel within 12 months, then the permit expires. (4) If a permitted vessel owned by the permit holder is sold or becomes unseaworthy, the Mau Zone permit with which the vessel was registered may be registered for use with a leased or chartered vessel for a period not to exceed 12 months from the date of reg istration of the leased or chartered ves sel. If by the end of that 12-month pe riod the permit holder fails to apply to PIRO to register the permit for use with a vessel owned by the permit holder, then the permit expires. (j) Mau Zone limited access permit renewal. (1) A Mau Zone permit will be eligi ble for renewal if the vessel for which the permit is registered for use made at least five separate fishing trips with landings of at least 500 lb (227 kg) of Hawaii bottomfish MUS or ECS per trip during the calendar year. Only one landing of bottomfish MUS or ECS per fishing trip to the Mau Zone will be counted toward the landing require ment. (2) If the vessel for which the permit is registered for use fails to meet the landing requirement of paragraph (j)(1) of this section, the owner may apply to the Regional Administrator for a waiv er of the landing requirement. Grounds for a waiver are limited to captain in capacitation, vessel breakdowns, and the loss of the vessel at sea if the event prevented the vessel from meeting the landing requirement. Unprofitability is not sufficient for waiver of the landing requirement. (3) Failure of the permit holder to register a vessel for use under the per mit does not exempt a permit holder from the requirements specified in this paragraph. (k) Appeals of permit actions. (1) Except as provided in subpart A of 15 CFR part 904, any applicant for a permit or a permit holder may appeal the granting, denial, or revocation of his or her permit to the Regional Ad ministrator. (2) In order to be considered by the Regional Administrator, such appeal must be in writing, must state the ac tion appealed, and the reasons there fore, and must be submitted within 30 days of the appealed action. The appel lant may request an informal hearing on the appeal. (3) The Regional Administrator, in consultation with the Council, will de cide the appeal in accordance with the FEP and implementing regulations and based upon information relative to the application on file at NMFS and the Council, the summary record kept of any hearing, the hearing officer’s rec ommended decision, if any, and any other relevant information. (4) If a hearing is requested, or if the Regional Administrator determines that one is appropriate, the Regional Administrator may grant an informal hearing before a hearing officer des ignated for that purpose. The applicant or permit holder may appear person ally and/or be represented by counsel at the hearing and submit information and present arguments as determined appropriate by the hearing officer. Within 30 days of the last day of the hearing, the hearing officer shall rec ommend in writing a decision to the Regional Administrator. (5) The Regional Administrator may adopt the hearing officer’s rec ommended decision, in whole or in part, or may reject or modify it. The Regional Administrator’s decision on the application is the final administra tive decision of the Department of Commerce, and is effective on the date the Administrator signs the decision. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2772, Feb. 8, 2019] § 665.204 Prohibitions. In addition to the general prohibi tions specified in § 600.725 of this chap ter 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 ves sel, Hawaii bottomfish MUS or ECS in VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00447 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 438 50 CFR Ch. VI (10–1–22 Edition) § 665.205 the Ho’omalu Zone or the Mau Zone without the appropriate permit reg istered for use with that vessel issued under § 665.13. (c) Serve as primary operator or re lief operator on a vessel with a Mau or Ho’omalu Zone permit without com pleting 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 noti fying the Regional Administrator of the intent to fish in these zones, as re quired under § 664.205. (f) Falsify or fail to make or file re ports of all fishing activities shoreward of the outer boundary of the MHI man agement 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 with out either a MHI non-commercial bottomfish permit or a State of Hawaii Commercial Marine License, in viola tion 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 partici pating as a charter boat customer, in violation of § 665.212. (k) Fish for or possess any Hawaii bottomfish MUS or ECS, or seamount groundfish MUS in the Hancock Seamounts Ecosystem Management Area, in violation of § 665.209. [75 FR 2205, Jan. 14, 2010, as amended at 75 FR 69015, Nov. 10, 2010; 84 FR 2772, Feb. 8, 2019; 84 FR 29397, June 24, 2019; 85 FR 26624, May 5, 2020] § 665.205 Notification. (a) The owner or operator of a fishing vessel subject to § 665.203(a)(1) must in form PIRO at least 72 hours (not in cluding weekends and holidays) before leaving port, of his or her intent to fish within the protected species study zones defined in § 665.201. The notice must include the name of the vessel, name of the operator, intended depar ture and return date, and a telephone number at which the owner or operator may be contacted during the business day (8 a.m. to 5 p.m.) to indicate whether an observer will be required on the subject fishing trip. (b) The operator of a fishing vessel that has taken Hawaii bottomfish MUS or ECS in the Ho’omalu Zone must contact the USCG, by radio or other wise, at the 14th District, Honolulu, HI; Pacific Area, San Francisco, CA; or 17th District, Juneau, AK, at least 24 hours before landing, and report the port and the approximate date and time at which the bottomfish will be landed. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2772, Feb. 8, 2019] § 665.206 Gear restrictions. (a) Bottom trawls and bottom set gillnets. Fishing for Hawaii bottomfish MUS or ECS, or seamount groundfish MUS with bottom trawls and bottom set gillnets is prohibited. (b) Possession of gear. Possession of a bottom trawl and bottom set gillnet by any vessel having a permit under § 665.203 or otherwise established to be fishing for Hawaii bottomfish MUS or ECS, or seamount groundfish MUS in the management subareas is prohib ited. (c) Poisons and explosives. The posses sion or use of any poisons, explosives, or intoxicating substances for the pur pose of harvesting Hawaii bottomfish MUS or ECS, or seamount groundfish MUS is prohibited. [84 FR 2772, Feb. 8, 2019] § 665.207 At-sea observer coverage. (a) All fishing vessels subject to §§ 665.200 though 665.212 must carry an observer when directed to do so by the Regional Administrator. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00448 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 439 Fishery Conservation and Management § 665.211 (b) PIRO will advise the vessel owner or operator of any observer require ment 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 ac commodations at least equal to that provided to a full crew member. A mat tress 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 accommo dated either in a single-person cabin or, if reasonable privacy can be ensured by installing a curtain or other tem porary 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 pro vided for the exclusive use of the ob server, then a schedule for time-shar ing of common facilities must be estab lished and approved by the Regional Administrator prior to the vessel’s de parture from port. § 665.208 Protected species conserva tion. 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 de termines 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 FED ERAL REGISTER published at least 30 days prior to the effective date or through actual notice to the permit holders. § 665.209 Fishing moratorium at Han cock Seamounts. Fishing for, and possession of, Hawaii bottomfish MUS or ECS, or seamount groundfish MUS in the Hancock Seamounts Ecosystem Management Area is prohibited until the Regional Administrator determines that the armorhead stock is rebuilt. [84 FR 2772, Feb. 8, 2019] § 665.210 [Reserved] § 665.211 Annual Catch Limits (ACL) and Annual Catch Targets (ACT). (a) In accordance with § 665.4, the ACLs and ACTs for MHI bottomfish fisheries for each fishing year are as follows: Fishery 2021–22 ACT (lb) 2022–23 ACT (lb) 2023–24 ACT (lb) Deep 7 bottomfish ............................................................................................. 492,000 492,000 492,000 Fishery 2022 ACT (lb) 2023 ACT (lb) 2024 ACT (lb) 2025 ACT (lb) Uku ........................................................................................ 295,419 295,419 295,419 295,419 Fishery 2022 ACT (lb) 2023 ACT (lb) 2024 ACT (lb) 2025 ACT (lb) Uku ........................................................................................ 291,010 291,010 291,010 291,010 (b) When a bottomfish ACL or ACT is projected to be reached based on anal yses of available information, the Re gional 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 VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00449 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 440 50 CFR Ch. VI (10–1–22 Edition) § 665.212 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 other wise 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 Adminis trator will reduce the ACL for the sub sequent 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 ex ceed 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 pos session or sale of, any bottomfish MUS by vessels legally registered to Mau Zone, Ho’omalu Zone, or PRIA bottomfish fishing permits and con ducted in compliance with all other laws and regulations, is exempted from this section. [85 FR 26624, May 5, 2020, as amended at 87 FR 3047, Jan. 20, 2022; 87 FR 17196, Mar. 28, 2022] § 665.212 Non-commercial bag limits. No more than a total of five fish (all species combined) identified as Deep 7 bottomfish may be harvested, pos sessed, or landed by any individual par ticipating in a non-commercial vessel based fishing trip in the MHI manage ment subarea. Charter boat customers are also subject to the non-commercial bag limit. [84 FR 29397, June 24, 2019] §§ 665.213–665.219 [Reserved] § 665.220 Hawaii coral reef ecosystem fisheries. [Reserved] § 665.221 Definitions. As used in §§ 665.220 through 665.239, Hawaii coral reef ecosystem component species (Hawaii coral reef ECS) means those species identified as ECS in the Hawaii FEP and are not defined as MUS or another ECS in this subpart. [84 FR 2772, Feb. 8, 2019] § 665.222 Management area. The Hawaii coral reef ecosystem management area is as follows: (a) The U.S. EEZ around the Hawai ian Archipelago lying to the east of 160°50′ W. long. (b) The inner boundary of the man agement area is the seaward boundary of the State of Hawaii. (c) The outer boundary of the man agement area is the outer boundary of the U.S. EEZ. § 665.223 Relation to other laws. To ensure consistency between the management regimes of different Fed eral 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. [84 FR 2772, Feb. 8, 2019] § 665.224 Permits and fees. (a) Applicability. Unless otherwise specified in this subpart, § 665.13 applies to Hawaii coral reef ecosystem per mits. (1) Special permit. Any person of the United States fishing for, taking or re taining Hawaii coral reef ECS must have a special permit if they, or a ves sel which they operate, is used to fish for any: (i) Hawaii coral reef ECS in low-use MPAs as defined in § 665.199; VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00450 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 441 Fishery Conservation and Management § 665.224 (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 pe lagic MUS, precious corals, or sea mount 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 or ganisms for scientific research as de scribed in § 665.17, or § 600.745 of this chapter. (b) Validity. Each permit will be valid for fishing only in the fishery manage ment area specified on the permit. (c) General requirements. General re quirements governing application in formation, issuance, fees, expiration, replacement, transfer, alteration, dis play, sanctions, and appeals for per mits are contained in § 665.13. (d) Special permit. The Regional Ad ministrator shall issue a special permit in accordance with the criteria and procedures specified in this section. (1) Application. An applicant for a special or transshipment permit issued under this section must complete and submit to the Regional Administrator a Special Coral Reef Ecosystem Fish ing Permit Application Form issued by NMFS. Information in the application form must include, but is not limited to a statement describing the objec tives of the fishing activity for which a special permit is needed, including a general description of the expected dis position of the resources harvested under the permit (i.e., stored live, fresh, frozen, preserved, sold for food, ornamental, research, or other use, and a description of the planned fishing op eration, including location of fishing and gear operation, amount and species (directed and incidental) expected to be harvested and estimated habitat and protected species impacts). (2) Incomplete applications. The Re gional Administrator may request from an applicant additional information necessary to make the determinations required under this section. An appli cant will be notified of an incomplete application within 10 working days of receipt of the application. An incom plete application will not be considered until corrected in writing. (3) Issuance. (i) If an application con tains all of the required information, the Regional Administrator will for ward copies of the application within 30 days to the Council, the USCG, the fishery management agency of the af fected state, and other interested par ties who have identified themselves to the Council, and the USFWS. (ii) Within 60 days following receipt of a complete application, the Regional Administrator will consult with the Council through its Executive Direc tor, USFWS, and the Director of the af fected state fishery management agen cy concerning the permit application and will receive their recommenda tions for approval or disapproval of the application based on: (A) Information provided by the ap plicant; (B) The current domestic annual har vesting and processing capacity of the directed and incidental species for which a special permit is being re quested; (C) The current status of resources to be harvested in relation to the over fishing definition in the FEP; (D) Estimated ecosystem, habitat, and protected species impacts of the proposed activity; and (E) Other biological and ecological information relevant to the proposal. The applicant will be provided with an opportunity to appear in support of the application. (iii) Following a review of the Coun cil’s recommendation and supporting rationale, the Regional Administrator may: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00451 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 442 50 CFR Ch. VI (10–1–22 Edition) § 665.224 (A) Concur with the Council’s rec ommendation and, after finding that it is consistent with the goals and objec tives of the FEP, the national stand ards, the Endangered Species Act, and other applicable laws, approve or deny a special permit; or (B) Reject the Council’s rec ommendation, in which case, written reasons will be provided by the Re gional Administrator to the Council for the rejection. (iv) If the Regional Administrator does not receive a recommendation from the Council within 60 days of Council receipt of the permit applica tion, the Regional Administrator can make a determination of approval or denial independently. (v) Within 30 working days after the consultation in paragraph (d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS will notify the appli cant in writing of the decision to grant or deny the special permit and, if de nied, the reasons for the denial. Grounds for denial of a special permit include the following: (A) The applicant has failed to dis close material information required, or has made false statements as to any material fact, in connection with his or her application. (B) According to the best scientific information available, the directed or incidental catch in the season or loca tion specified under the permit would detrimentally affect any coral reef re source or coral reef ecosystem in a sig nificant way, including, but not lim ited to, issues related to spawning grounds or seasons, protected species interactions, EFH, and habitat areas of particular concern (HAPC). (C) Issuance of the special permit would inequitably allocate fishing privileges among domestic fishermen or would have economic allocation as its sole purpose. (D) The method or amount of harvest in the season and/or location stated on the permit is considered inappropriate based on previous human or natural impacts in the given area. (E) NMFS has determined that the maximum number of permits for a given area in a given season has been reached and allocating additional per mits in the same area would be detri mental to the resource. (F) The activity proposed under the special permit would create a signifi cant enforcement problem. (vi) The Regional Administrator may attach conditions to the special per mit, if it is granted, consistent with the management objectives of the FEP, including, but not limited to: (A) The maximum amount of each re source that can be harvested and land ed during the term of the special per mit, including trip limits, where appro priate. (B) The times and places where fish ing may be conducted. (C) The type, size, and amount of gear which may be used by each vessel operated under the special permit. (D) Data reporting requirements. (E) Such other conditions as may be necessary to ensure compliance with the purposes of the special permit con sistent with the objectives of the FEP. (4) Appeals of permit actions. (i) Except as provided in subpart D of 15 CFR part 904, any applicant for a permit or a per mit holder may appeal the granting, denial, conditioning, or suspension of their permit or a permit affecting their interests to the Regional Adminis trator. In order to be considered by the Regional Administrator, such appeal must be in writing, must state the ac tion(s) appealed, and the reasons there fore, and must be submitted within 30 days of the original action(s) by the Regional Administrator. The appellant may request an informal hearing on the appeal. (ii) Upon receipt of an appeal author ized by this section, the Regional Ad ministrator will notify the permit ap plicant, or permit holder as appro priate, and will request such additional information in such form as will allow action upon the appeal. Upon receipt of sufficient information, the Regional Administrator will rule on the appeal in accordance with the permit eligi bility criteria set forth in this section and the FEP, as appropriate, based on information relative to the application on file at NMFS and the Council and any additional information, the sum mary record kept of any hearing and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00452 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 443 Fishery Conservation and Management § 665.226 the hearing officer’s recommended de cision, if any, and such other consider ations as deemed appropriate. The Re gional Administrator will notify all in terested persons of the decision, and the reasons therefore, in writing, nor mally within 30 days of the receipt of sufficient information, unless addi tional time is needed for a hearing. (iii) If a hearing is requested, or if the Regional Administrator determines that one is appropriate, the Regional Administrator may grant an informal hearing before a hearing officer des ignated for that purpose after first giv ing notice of the time, place, and sub ject matter of the hearing in the FED ERAL REGISTER. Such a hearing shall normally be held no later than 30 days following publication of the notice in the FEDERAL REGISTER, unless the hearing officer extends the time for reasons deemed equitable. The appel lant, the applicant (if different), and, at the discretion of the hearing officer, other interested parties, may appear personally and/or be represented by counsel at the hearing and submit in formation and present arguments as determined appropriate by the hearing officer. Within 30 days of the last day of the hearing, the hearing officer shall recommend in writing a decision to the Regional Administrator. (iv) The Regional Administrator may adopt the hearing officer’s rec ommended decision, in whole or in part, or may reject or modify it. In any event, the Regional Administrator will notify interested persons of the deci sion, and the reason(s) therefore, in writing, within 30 days of receipt of the hearing officer’s recommended deci sion. The Regional Administrator’s ac tion constitutes final action for the agency for the purposes of the Admin istrative Procedure Act. (5) Any time limit prescribed in this section may be extended for good cause, for a period not to exceed 30 days, by the Regional Administrator, either upon his or her own motion or upon written request from the Council, appellant or applicant stating the rea son(s) therefore. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2772, Feb. 8, 2019] § 665.225 Prohibitions. In addition to the general prohibi tions specified in § 600.725 of this chap ter and § 665.15 of this part, it is unlaw ful for any person to do any of the fol lowing: (a) Fish for, take, retain, possess or land any Hawaii coral reef ECS in any low-use MPA as defined in § 665.99 un less: (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 out lined in § 665.224; or (3) The Hawaii coral reef ECS pos sessed 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 Ha waii coral reef ECS: (1) That is determined overfished with subsequent rulemaking by the Re gional Administrator. (2) By means of gear or methods pro hibited 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 sci entific research, aquaculture seed stock collection or traditional and cer emonial purposes by indigenous people. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] § 665.226 Notifications. Any special permit holder subject to the requirements of this subpart must contact the appropriate NMFS enforce ment agent in American Samoa, Guam, or Hawaii at least 24 hours before land ing any Hawaii coral reef ECS har vested under a special permit, and re port the port and the approximate date and time at which the catch will be landed. [84 FR 2773, Feb. 8, 2019] VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00453 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 444 50 CFR Ch. VI (10–1–22 Edition) § 665.227 § 665.227 Allowable gear and gear re strictions. (a) Hawaii coral reef ECS may be taken only with the following allow able 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 at tended 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 estab lished to be fishing for coral reef ECS in the management area is prohibited. (c) Existing FEP fisheries shall fol low the allowable gear and methods outlined in their respective plans. (d) Any person who intends to fish with new gear not included in this sec tion 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 fish ery management agency. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] § 665.228 Gear identification. (a) The vessel number must be affixed to all fish and crab traps on board the vessel or deployed in the water by any vessel or person holding a permit under § 665.13 or § 665.124 or that is otherwise established to be fishing for Hawaii coral reef ECS in the management area. (b) Enforcement action. (1) Traps not marked in compliance with paragraph (a) of this section and found deployed in the Hawaii coral reef ecosystem management area will be considered unclaimed or abandoned property, and may be disposed of in any manner con sidered appropriate by NMFS or an au thorized officer. (2) Unattended surround nets or bait seine nets found deployed in the Hawaii coral reef ecosystem management area will be considered unclaimed or aban doned property, and may be disposed of in any manner considered appropriate by NMFS or an authorized officer. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] §§ 665.229–665.239 [Reserved] § 665.240 Hawaii crustacean fisheries. [Reserved] § 665.241 Definitions. As used in §§ 665.240 through 665.259: Hawaii crustacean management area is divided into the following areas: (1) Crustacean Permit Area 1 (Permit Area 1) means the EEZ around the NWHI. (2) Crustacean Permit Area 2 (Permit Area 2) means the EEZ around the MHI. (3) Crustacean Permit Area 1 VMS Sub area means an area within the EEZ around the NWHI 50 nm from the cen ter geographical positions of the is lands and reefs in the NWHI as follows: Name N. lat. W. long. Nihoa Island ......................................... 23°05′ 161°55′ Necker Island ....................................... 23°35′ 164°40′ French Frigate Shoals ......................... 23°45′ 166°15′ Gardner Pinnacles ............................... 25°00′ 168°00′ Maro Reef ............................................ 25°25′ 170°35′ Laysan Island ...................................... 25°45′ 171°45′ Lisianski Island .................................... 26°00′ 173°55′ Pearl and Hermes Reef ....................... 27°50′ 175°50′ Midway Island ...................................... 28°14′ 177°22′ Kure Island .......................................... 28°25′ 178°20′ The remainder of the VMS subarea is delimited by parallel lines tangent to and connecting the 50-nm areas around the following: from Nihoa Island to Necker Island; from French Frigate Shoals to Gardner Pinnacles; from Gardner Pinnacles to Maro Reef; from Laysan Island to Lisianski Island; and from Lisianski Island to Pearl and Hermes Reef. Hawaii crustacean ecosystem compo nent species (Hawaii crustacean ECS) means those species identified as ECS in the Hawaii FEP. Hawaii crustacean management unit species (Hawaii crustacean MUS) means the following crustaceans: Local name Common name Scientific name papa‘i kua loa ....... Kona crab ............. Ranina ranina. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00454 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 445 Fishery Conservation and Management § 665.242 Local name Common name Scientific name deepwater shrimp, nylon shrimp. Heterocarpus sp. Interested parties means the State of Hawaii Department of Land and Nat ural 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 re quested 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 con necting 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 coordi nates 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 con necting 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 within Crustacean Permit Area 1 except for the Necker Island, Gardner Pinnacles, and Maro Reef Lob ster Grounds. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] § 665.242 Permits. (a) Applicability. (1) The owner of any vessel used to fish for lobster in Permit Area 1 must have a limited access per mit 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 Crusta cean 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 require ments of 50 CFR part 404. (b) General requirements. General re quirements governing application in formation, issuance, fees, expiration, replacement, transfer, alteration, dis play, sanctions, and appeals for per mits issued under this section, as appli cable, 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 appli cation must be accompanied by a sup plementary information sheet obtained from PIRO and contain the names and mailing addresses of all partners or shareholders and their respective per centage of ownership in the partner ship or corporation. (d) Lobster Limited Access Permit Re quirements. (1) A lobster limited access permit is valid for fishing only in Crus tacean 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, partner ship, 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 per mits, but may not obtain additional permits. Layering of partnerships or corporations shall not insulate a per mit holder from this requirement. (2) If 50 percent or more of the owner ship of a limited access permit is passed to persons other than those list ed on the permit application, PIRO must be notified of the change in writ ing and provided copies of the appro priate documents confirming the changes within 30 days. (3) Upon the transfer or sale of a lim ited access permit, a new application VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00455 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 446 50 CFR Ch. VI (10–1–22 Edition) § 665.243 must be submitted by the new permit owner according to the requirements of § 665.13. The transferred permit is not valid until this process is completed. (f) Replacement of a vessel covered by a limited access permit. A limited access permit issued under this section may, without limitation as to frequency, be transferred by the permit holder to a replacement vessel owned by that per son. (g) Issuance of limited access permits to future applicants. (1) The Regional Ad ministrator may issue limited access permits under this section when fewer than 15 vessel owners hold active per mits. (2) When the Regional Administrator has determined that limited access per mits may be issued to new persons, a notice shall be placed in the FEDERAL REGISTER, and other means will be used to notify prospective applicants of the opportunity to obtain permits under the limited access management pro gram. (3) A period of 90 days will be pro vided after publication of the FEDERAL REGISTER notice for submission of new applications for a limited access per mit. (4) Limited access permits issued under this paragraph (g) will be issued first to applicants qualifying under paragraph (g)(4)(i) of this section. If the number of limited access permits avail able is greater than the number of ap plicants that qualify under paragraph (g)(4)(i) of this section, then limited ac cess permits will be issued to appli cants under paragraph (g)(4)(ii) of this section. (i) First priority to receive limited access permits under this paragraph (g) goes to owners of vessels that were used to land lobster from Permit Area 1 during the period 1983 through 1990, and who were excluded from the fishery by implementation of the limited ac cess system. If there are insufficient permits for all such applicants, the new permits shall be issued by the Regional Administrator through a lottery. (ii) Second priority to receive limited access permits under paragraph (g) goes to owners with the most points, based upon a point system. If two or more owners have the same number of points and there are insufficient per mits for all such owners, the Regional Administrator shall issue the permits through a lottery. Under the point sys tem, limited access permits will be issued, in descending order, beginning with owners who have the most points and proceeding to owners who have the least points, based on the following: (A) Three points shall be assigned for each calendar year after August 8, 1985, that the applicant was the operator of a vessel that was used to land lobster from Permit Area 1. (B) Two points shall be assigned for each calendar year or partial year after August 8, 1985, that the applicant was the owner, operator, or crew member of a vessel engaged in either commercial fishing in Permit Area 2 for lobster, or fishing in Permit Area 1 for fish other than lobster with an intention to sell all or part of the catch. (C) One point shall be assigned for each calendar year or partial year after August 8, 1985, that the applicant was the owner, operator, or crew member of a vessel engaged in any other commer cial fishing in the EEZ surrounding Ha waii. (5) A holder of a new limited access permit must own at least a 50 percent share in the vessel that the permit would cover. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] § 665.243 Prohibitions. In addition to the general prohibi tions 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 speci fied in § 665.245. (iii) From closed areas for lobsters, as specified in § 665.251. (iv) During a closed season, as speci fied in § 665.250. (v) After the closure date, as speci fied in § 665.252, and until the fishery opens again in the following calendar year. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00456 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 447 Fishery Conservation and Management § 665.244 (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 protec tive 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 speci fied in § 665.245. (6) Land lobsters taken in Permit Area 1 after the closure date, as speci fied 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 Ad ministrator for inspection and copying any records that must be made avail able 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 Crus tacean 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 Sub area when fishing for lobsters is pro hibited as specified in §§ 665.248, 665.250(a), or 665.252, except as allowed under § 665.245(a)(8). (10) Interfere with, tamper with, alter, damage, disable, or impede the operation of a VMS unit or to attempt any of the same while engaged in the Permit Area 1 fishery; or to move or remove a VMS unit while engaged in the Permit Area 1 fishery without first notifying the Regional Administrator. (11) Make a false statement, oral or written, to the Regional Administrator or an authorized officer, regarding the certification, use, operation, or main tenance of a VMS unit used in the fish ery. (12) Fail to allow an authorized offi cer to inspect and certify a VMS unit used in the fishery. (13) Possess, on a fishing vessel that has a limited access permit issued under this subpart, any lobster trap in a lobster grounds that is closed under § 665.252(b), unless the vessel has an operational VMS unit, certified by NMFS, on board. (b) In Permit Area 2, it is unlawful for any person to— (1) Fish for, take, or retain lobsters— (i) By methods other than lobster traps or by hand, as specified in § 665.245; or (ii) During a closed season, as speci fied in § 665.250(b). (2) Retain or possess on a fishing ves sel any lobster taken in Permit Area 2 that is less than the minimum size specified in § 665.249. (3) Possess on a fishing vessel any lobster or lobster part taken in Permit Area 2 in a condition where the lobster is not whole and undamaged as speci fied in § 665.249. (4) Retain or possess on a fishing ves sel, or remove the eggs from, any egg bearing lobster, as specified in § 665.249. (5) Possess on a fishing vessel that has a permit for Permit Area 2 issued under this subpart any lobster trap in Permit Area 2 when fishing for lobster in the MHI is prohibited during the months of May, June, July, and Au gust. (c) In Crustacean Permit Areas 1 and 2, it is unlawful for any person to fish for, take, or retain deepwater shrimp without a permit issued under § 665.242. (d) In Crustacean Permit Area 2, it is unlawful for any person to fish for, pos sess, sell, or offer for sale any Kona crab from a closed fishery in the Fed eral waters of the MHI in violation of § 665.253(b). [75 FR 2205, Jan. 14, 2010, as amended at 85 FR 79929, Dec. 11, 2020] § 665.244 Notifications. (a) The operator of any vessel subject to the requirements of this subpart must: (1) Report, not less than 24 hours, but not more than 36 hours, before landing, the port, the approximate date and the approximate time at which spiny and slipper lobsters will be landed. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00457 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 448 50 CFR Ch. VI (10–1–22 Edition) § 665.245 (2) Report, not less than 6 hours and not more than 12 hours before off loading, the location and time that off loading of spiny and slipper lobsters will begin. (b) The Regional Administrator will notify permit holders of any change in the reporting method and schedule re quired in paragraph (a) of this section at least 30 days prior to the opening of the fishing season. § 665.245 Gear restrictions. (a) Permit Area 1. (1) Lobsters may be taken only with lobster traps or by hand. Lobsters may not be taken by means of poisons, drugs, other chemi cals, 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 un obstructed 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 posses sion 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 ves sel 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 unas sembled traps may be carried as spares only, in order to replace assembled traps that may be lost or become unus able. (6) Traps shall not be left unattended in any permit area, except in the event of an emergency, in which case the ves sel operator must notify the SAC of the emergency that necessitated leaving the traps on the grounds, and the loca tion and number of the traps, within 24 hours after the vessel reaches port. (7) A vessel whose owner has a lim ited access permit issued under this subpart and has an operating VMS unit certified by NMFS may enter Crusta cean 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 lim ited access permit issued under this subpart and has on board an oper ational VMS unit certified by NMFS may transit Crustacean Permit Area 1, including Crustacean Permit Area 1 VMS Subarea, with lobster traps on board for the purpose of moving to an other lobster grounds or returning to port following the closure date, as specified in § 665.252, providing the ves sel does not stop or fish and is making steady progress to another lobster grounds or back to port as determined by NMFS. (9) The operator of a permitted vessel must notify the Regional Adminis trator or an authorized officer no later than June 15 of each year if the vessel will use a VMS unit in the fishery and allow for inspection and certification of the unit. (b) Permit Area 2. Lobsters may be taken only with lobster traps or by hand. Lobsters may not be taken by means of poisons, drugs, other chemi cals, spears, nets, hooks, or explosives. § 665.246 Gear identification. In Permit Area 1, the vessel’s official number must be marked legibly on all traps and floats maintained on board the vessel or in the water by that ves sel. § 665.247 At-sea observer coverage. All fishing vessels subject to §§ 665.240 though 665.252 and subpart A of this part must carry an observer when re quested to do so by the Regional Ad ministrator. § 665.248 Monk seal protective meas ures. (a) General. This section establishes a procedure that will be followed if the Regional Administrator receives a re port of a monk seal death that appears VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00458 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 449 Fishery Conservation and Management § 665.248 to be related to the lobster fishery in Permit Area 1. (b) Notification. Upon receipt of a re port 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 Ad ministrator will also notify them that an investigation is in progress, and that, if the investigation reveals a threat of harm to the monk seal popu lation, protective measures may be im plemented. (c) Investigation. (1) The Regional Ad ministrator will investigate the inci dent 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 ani mal(s). (D) The relationship of the incident to the reproductive cycle, for example, breeding season (March-September), non-breeding season (October-Feb ruary). (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 extenu ating circumstances. (vi) Evaluate any other relevant fac tors. (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 inves tigation and any comments received from interested parties. If there is sub stantial evidence that the death of the monk seal was related to the lobster fishery, the Regional Administrator will: (1) Advise the interested parties of his or her conclusion and the facts upon which it is based. (2) Request from the interested par ties their advice on the necessity of protective measures and suggestions for appropriate protective measures. (e) Determination of response. The Re gional Administrator will consider all relevant information discovered during the investigation or submitted by in terested parties in deciding on the ap propriate response. Protective meas ures may include, but are not limited to, changes in trap design, changes in gear, closures of specific areas, or clo sures for specific periods of time. (f) Action by the Regional Adminis trator. If the Regional Administrator decides that protective measures are necessary and appropriate, the Re gional Administrator will prepare a document that describes the incident, the protective measures proposed, and the reasons for the protective meas ures; provide it to the interested par ties; and request their comments. (g) Implementation of protective meas ures. (1) If, after completing the steps described in paragraph (f) of this sec tion, the Regional Administrator con cludes that protective measures are necessary and appropriate, the Re gional Administrator will recommend the protective measures to the Assist ant Administrator and provide notice of this recommendation to the Chair man of the Council and the Director of the Division of Aquatic Resources, De partment of Land and Natural Re sources, State of Hawaii. (2) If the Assistant Administrator concurs with the Regional Administra tor’s recommendation, NMFS will pub lish an action in the FEDERAL REGISTER that includes a description of the inci dent that triggered the procedure de scribed in this section, the protective measures, and the reasons for the pro tective measures. (h) Notification of ‘‘no action.’’ If, at any point in the process described in this section, the Regional Adminis trator or Assistant Administrator de cides that no further action is required, the interested parties will be notified of this decision. (i) Effective dates. (1) The protective measures will take effect 10 days after the date of publication in the FEDERAL REGISTER. (2) The protective measures will re main in effect for the shortest of the following time periods: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00459 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 450 50 CFR Ch. VI (10–1–22 Edition) § 665.249 (i) Until the Hawaii FEP and this section are amended to respond to the problem; (ii) Until other action that will re spond to the problem is taken under the ESA; (iii) Until the Assistant Adminis trator, following the procedures set forth in paragraph (j) of this section, decides that the protective measures are no longer required and repeals the measures; or (iv) For the period of time set forth in the FEDERAL REGISTER notification, not to exceed 3 months. The measures may be renewed for 3 months after again following procedures in para graphs (b) through (g) of this section. (j) Repeal. (1) If the Assistant Admin istrator decides that protective meas ures may no longer be necessary for the protection of monk seals, the As sistant Administrator will notify the interested parties of this preliminary decision and the facts upon which it is based. The Assistant Administrator will request advice on the proposed re peal of the protective measures. (2) The Assistant Administrator will consider all relevant information ob tained by the Regional Administrator or submitted by interested parties in deciding whether to repeal the protec tive measures. (3) If the Assistant Administrator de cides to repeal the protective meas ures— (i) Interested parties will be notified of the decision; and (ii) Notification of repeal and the reasons for the repeal will be published in the FEDERAL REGISTER. (k) Monk seal emergency protective measures—(1) Determination of emer gency. If, at any time during the proc ess described in paragraphs (a) through (j) of this section, the Regional Admin istrator determines that an emergency exists involving monk seal mortality related to the lobster fishery and that measures are needed immediately to protect the monk seal population, the Regional Administrator will— (i) Notify the interested parties of this determination and request their immediate advice and comments. (ii) Forward a recommendation for emergency action and any advice and comments received from interested parties to the Assistant Administrator. (2) Implementation of emergency meas ures. If the Assistant Administrator agrees with the recommendation for emergency action— (i) The Regional Administrator will determine the appropriate emergency protective measures. (ii) NMFS will publish the emergency protective measures in the FEDERAL REGISTER. (iii) The Regional Administrator will notify the interested parties of the emergency protective measures. Hold ers of permits to fish in Permit Area I will be notified by certified mail. Per mit holders that the Regional Adminis trator knows are on the fishing grounds also will be notified by radio. (3) Effective dates. (i) Emergency pro tective measures are effective against a permit holder at 12:01 a.m., local time, of the day following the day the permit holder receives actual notice of the measures. (ii) Emergency protective measures are effective for 10 days from the day following the day the first permit hold er is notified of the protective meas ures. (iii) Emergency protective measures may be extended for an additional 10 days, if necessary, to allow the comple tion of the procedures set out in § 665.252. § 665.249 Lobster size and condition restrictions in Permit Area 2. (a) Only spiny lobsters with a cara pace 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 cara pace and tail, may not be retained. (c) A female lobster of any size may not be retained if it is carrying eggs ex ternally. Eggs may not be removed from female lobsters. § 665.250 Closed seasons. (a) Lobster fishing is prohibited in Permit Area 1 during the months of January through June, inclusive. (b) Lobster fishing is prohibited in Permit Area 2 during the months of May, June, July, and August. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00460 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 451 Fishery Conservation and Management § 665.253 § 665.251 Closed areas. All lobster fishing is prohibited: (a) Within 20 nm of Laysan Island. (b) Within the EEZ landward of the 10-fathom curve as depicted on Na tional Ocean Survey Charts, Numbers 19022, 19019, and 19016. § 665.252 Harvest limitation program. (a) General. Harvest guidelines for the Necker Island Lobster Grounds, Gard ner Pinnacles Lobster Grounds, Maro Reef Lobster Grounds, and General NWHI Lobster Grounds for Permit Area 1 will be set annually for the cal endar 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 con sultation 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 informa tion 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 har vest guideline for a lobster ground is expected to be reached and specifica tion of the closure date of the lobster grounds will be provided to each permit holder and/or operator of each per mitted vessel at least 24 hours in ad vance of the closure. After a closure, the harvest of lobster in that lobster ground is prohibited, and the posses sion of lobster traps on board the ves sel 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 appro priate: (i) Determination of when the overall harvest guideline for Crustacean Per mit Area 1 will be reached; (ii) Closure date after which harvest of lobster or possession of lobster traps on board the vessel in a lobster grounds is prohibited; (iii) Closure date after which the pos session of lobster traps on board the vessel in Crustacean Permit Area 1 is prohibited by any permitted vessel that is not operating a VMS unit cer tified by NMFS; and (iv) Specification of when further landings of lobster will be prohibited by permitted vessels not carrying an operational VMS unit, certified by NMFS, on board. (c) Monitoring and adjustment. The op erator of each vessel fishing during the open season shall report lobster catch (by species) and effort (number of trap hauls) data while at sea to NMFS in Honolulu. The Regional Administrator shall notify permit holders of the re porting method, schedule, and logistics at least 30 days prior to the opening of the fishing season. § 665.253 Annual Catch Limits (ACL) and Annual Catch Targets (ACT). (a) Deepwater Shrimp. (1) In accord ance with § 665.4, the ACLs for each fishing year are as follows: TABLE 1 TO PARAGRAPH (a)(1) Fishing year 2020 2021 ACL (lb) ............................................. 250,733 250,733 (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: VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00461 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 452 50 CFR Ch. VI (10–1–22 Edition) §§ 665.254–665.259 TABLE 2 TO PARAGRAPH (b)(1) Fishing year 2020 2021 2022 2023 ACL (lb) ................................................................................. 30,802 30,802 30,802 30,802 ACT (lb) ................................................................................. 25,491 25,491 25,491 25,491 (2) When the ACT is projected to be reached based on analyses of available information, the Regional Adminis trator shall publish a document to that effect in the FEDERAL REGISTER and shall use other means to notify af fected 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 no tice 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 per son 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 Ad ministrator will reduce the ACL and the ACT for the subsequent year by the amount of the overage. [85 FR 79929, Dec. 11, 2020] §§ 665.254–665.259 [Reserved] § 665.260 Hawaii precious coral fish eries. [Reserved] § 665.261 Definitions. As used in §§ 665.260 through 665.270: Hawaii precious coral ecosystem compo nent species (Hawaii precious coral ECS) means those species identified as ECS in the Hawaii FEP. Hawaii precious coral management unit species (Hawaii precious coral MUS) means the following species: Common name Scientific name Pink coral ............................... Pleurocorallium secundum. Red coral ............................... Hemicorallium laauense. Gold coral .............................. Kulamanamana haumeaae. Bamboo coral ........................ Acanella sp. Black coral ............................. Antipathes griggi, Antipathes grandis, Myriopathes ulex. Hawaii precious coral permit area means the area encompassing the pre cious 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 ra dius 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 ra dius of 2.0 nm of a point at 23°18′ N. lat., 162°35′ W. long. (4) Exploratory areas. Permit Area X– P–H includes all coral beds, other than established beds, conditional beds, or refugia, in the EEZ seaward of the State of Hawaii. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] § 665.262 Permits. (a) Any vessel of the United States fishing for, taking, or retaining Hawaii VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00462 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 453 Fishery Conservation and Management § 665.268 precious coral MUS or ECS in any Ha waiian Archipelago precious coral per mit area must have a permit issued under § 665.13. (b) Each permit will be valid for fish ing 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 per mit to fish another permit area only upon surrendering to the Regional Ad ministrator any current permit for the precious coral fishery issued under § 665.13. (f) General requirements governing application information, issuance, fees, expiration, replacement, transfer, al teration, display, sanctions, and ap peals for permits for the precious coral fishery are contained in § 665.13. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019] § 665.263 Prohibitions. In addition to the general prohibi tions 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 spe cies of Hawaii precious coral MUS or Hawaii precious coral ECS in any pre cious coral permit area: (1) By means of gear or methods pro hibited by § 665.264. (2) In refugia specified in § 665.261. (3) In a bed for which the ACL speci fied 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 pur suant 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 per mit; or (2) The coral originated outside coral beds listed in this paragraph, and this can be demonstrated through receipts of purchase, invoices, or other docu mentation. [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, Feb. 8, 2019; 85 FR 26624, May 5, 2020] § 665.264 Gear restrictions. Only selective gear may be used to harvest coral from any precious coral permit area. § 665.265 Size restrictions. The height of a live coral specimen shall be determined by a straight line measurement taken from its base to its most distal extremity. The stem di ameter of a living coral specimen shall be determined by measuring the great est 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 min imum 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 min imum height of 48 inches (122 cm). [75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2774, Feb. 8, 2019] § 665.266 Area restrictions. Fishing for coral on the WestPac Bed is not allowed. The specific area closed to fishing is all waters within a 2-nm radius of the midpoint of 23°18.0′ N. lat., 162°35.0′ W. long. § 665.267 Seasons. The fishing year for precious coral begins on July 1 and ends on June 30 the following year. [85 FR 26624, May 5, 2020] § 665.268 Closures. (a) If the Regional Administrator de termines that the ACL for any coral VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00463 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B 454 50 CFR Ch. VI (10–1–22 Edition) § 665.269 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 effec tive 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. [75 FR 2205, Jan. 14, 2010, as amended at 85 FR 26624, May 5, 2020] § 665.269 Annual Catch Limits (ACL). (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 fol lowing 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 es timated domestic annual harvest for that year. (2) As soon as practicable after De cember 31 each year, the Regional Ad ministrator will determine the amount harvested by vessels of the United States between July 1 and December 31 of the year that just ended on Decem ber 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 Re gional Administrator’s determination and a summary of the information on which it is based as soon as practicable after the determination is made. (c) In accordance with § 665.4, the ACLs for MHI precious coral permit areas for each fishing year are as fol lows: TABLE 1 TO PARAGRAPH (c) Type of coral bed Area and coral group 2019 ACL (lb) 2020 ACL (lb) 2021 ACL (lb) Established bed ................................. Auau Channel—Black coral .............. 5,512 5,512 5,512 Makapuu Bed—Pink and red coral .. 2,205 2,205 2,205 Makapuu Bed—Bamboo coral .......... 551 551 551 Conditional Beds ................................ 180 Fathom Bank—Pink and red coral. 489 489 489 180 Fathom Bank—Bamboo coral ... 123 123 123 Brooks Bank—Pink and red coral .... 979 979 979 Brooks Bank—Bamboo coral ........... 245 245 245 Kaena Point Bed—Pink and red coral. 148 148 148 Kaena Point Bed—Bamboo coral ..... 37 37 37 Keahole Bed—Pink and red coral .... 148 148 148 Keahole Bed—Bamboo coral ........... 37 37 37 Exploratory Area ................................ Hawaii—precious coral ..................... 2,205 2,205 2,205 NOTE 1 TO § 665.269: No fishing for coral is authorized in refugia. NOTE 2 TO § 665.269: A moratorium on gold coral harvesting is in effect through June 30, 2023. [85 FR 26624, May 5, 2020] § 665.270 Gold coral harvest morato rium. Fishing for, taking, or retaining any gold coral MUS or ECS in any precious coral permit area is prohibited through June 30, 2023. [84 FR 2774, Feb. 8, 2019] Subpart D—Mariana Archipelago Fisheries § 665.398 Management area. The Mariana fishery management area is the EEZ seaward of Guam and VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00464 Fmt 8010 Sfmt 8010 Q:\50\50V13.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith $ $ JO B