50 CFR § 665.930-665.936 - Pacific Remote Islands Marine National Monument

502 50 CFR Ch. VI (10–1–22 Edition) § 665.906 (3) Terms and conditions. (i) The sale or exchange through barter or trade of fish caught in the Monument by a charter boat is prohibited. (ii) No MUS harvested under a rec reational charter fishing permit may be used for the purposes of customary exchange. (c) Application. An application for a permit required under this section must be submitted to PIRO as de scribed in § 665.13. (d) Transfer. A permit issued under this section is not transferrable. (e) Reporting and recordkeeping. The operator of a vessel subject to the re quirements of this section must com ply with the terms and conditions de scribed in § 665.14. [78 FR 33003, June 3, 2013, as amended at 78 FR 39583, July 2, 2013] § 665.906 International law. The regulations in this subpart shall be applied in accordance with inter national law. No restrictions shall apply to or be enforced against a per son who is not a citizen, national, or resident alien of the United States (in cluding foreign flag vessels) unless in accordance with international law. Subpart H—Pacific Remote Islands Marine National Monument SOURCE: 78 FR 33003, June 3, 2013, unless otherwise noted. § 665.930 Scope and purpose. The regulations in this subpart cod ify certain provisions of the Proclama tions, and govern the administration of fishing in the Monument. [80 FR 15695, Mar. 25, 2015] § 665.931 Boundaries. The Monument, including the waters and submerged and emergent lands of Wake, Baker, Howland, and Jarvis Is lands, Johnston Atoll, Kingman Reef, and Palmyra Atoll, is defined as fol lows: (a) Wake Island. The Wake Island unit of the Monument includes the waters and submerged and emergent lands around Wake Island to the seaward limit of the U.S. EEZ. (b) Howland and Baker Islands. The Howland and Baker Islands units of the Monument include the waters and sub merged and emergent lands around Howland and Baker Islands within an area defined by straight lines con necting the following coordinates in the order listed: ID W. long. Lat. 1 ................. 177°27′7″ 1°39′15″ N. 2 ................. 175°38′32″ 1°39′15″ N. 3 ................. 175°38′32″ 0°38′33″ S. 4 ................. 177°27′7″ 0°38′33″ S. 1 ................. 177°27′7″ 1°39′15″ N. (c) Jarvis Island. The Jarvis Island unit of the Monument includes the waters and submerged and emergent lands around Jarvis Island to the sea ward limit of the U.S. EEZ. (d) Johnston Atoll. The Johnston Atoll unit of the Monument includes the waters and submerged and emergent lands around Johnston Atoll to the seaward limit of the U.S. EEZ. (e) Kingman Reef and Palmyra Atoll. The Kingman Reef and Palmyra Atoll units of the Monument include the waters and submerged and emergent lands around Kingman Reef and Pal myra Atoll within an area defined by straight lines connecting the following coordinates in the order listed: ID W. long. N. lat. 1 ................. 163°11′16″ 7°14′38″ 2 ................. 161°12′3″ 7°14′38″ 3 ................. 161°12′3″ 5°20′23″ 4 ................. 161°25′22″ 5°1′34″ 5 ................. 163°11′16″ 5°1′34″ 1 ................. 163°11′16″ 7°14′38″ [78 FR 33003, June 3, 2013, as amended at 80 FR 15695, Mar. 25, 2015] § 665.932 Definitions. The following definitions are used in this subpart: Management unit species or MUS means the Pacific Remote Island Areas management unit species as defined in §§ 665.601, 665.621, 665.641, and 665.661, and the pelagic management unit spe cies as defined in § 665.800. Monument means the waters and sub merged and emergent lands of the Pa cific Remote Islands Marine National Monument and the Pacific Remote Is lands Marine National Monument Ex pansion, as defined in § 665.931. VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00512 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 503 Fishery Conservation and Management § 665.935 Proclamations means Presidential Proclamation 8336 of January 6, 2009, ‘‘Establishment of the Pacific Remote Islands Marine National Monument,’’ and Presidential Proclamation 9173 of September 29, 2014, ‘‘Pacific Remote Is lands Marine National Monument Ex pansion.’’ [78 FR 33003, June 3, 2013, as amended at 80 FR 15695, Mar. 25, 2015] § 665.933 Prohibitions. In addition to the general prohibi tions specified in § 600.725 of this chap ter, and § 665.15 and subparts E and F of this part, the following activities are prohibited in the Monument and, thus, unlawful for a person to conduct or cause to be conducted. (a) Commercial fishing in the Monu ment. (b) Non-commercial fishing in the Monument, except as authorized under permit and pursuant to the procedures and criteria established in § 665.935. (c) Transferring a permit in violation of § 665.935(d). (d) Commercial fishing outside the Monument and non-commercial fishing within the Monument on the same trip in violation of § 665.934(c). (e) Non-commercial fishing within 12 nm of emergent land within the Monu ment, unless authorized by the U.S. Fish & Wildlife Service, in consulta tion with NMFS and the Council, in violation of § 665.934(d). For the pur poses of this subsection, consultation means that the U.S. Fish & Wildlife Service will consult with NMFS, which in turn will consult with the Council. [78 FR 33003, June 3, 2013, as amended at 78 FR 39583, July 2, 2013] § 665.934 Regulated activities. (a) Commercial fishing is prohibited in the Monument. (b) Non-commercial fishing is prohib ited in the Monument, except under permit and pursuant to the procedures and criteria established in § 665.935 or pursuant to § 665.934(d). (c) Commercial fishing outside the Monument and non-commercial fishing within the Monument during the same trip is prohibited. (d) Non-commercial fishing is prohib ited within 12 nm of emergent land within the Monument, unless author ized by the U.S. Fish & Wildlife Serv ice, in consultation with NMFS and the Council. For the purposes of this sub section, consultation means that the U.S. Fish & Wildlife Service will con sult with NMFS, which in turn will consult with the Council. [78 FR 33003, June 3, 2013, as amended at 78 FR 39583, July 2, 2013] § 665.935 Fishing permit procedures and criteria. (a) Non-commercial fishing—(1) Appli cability. Except as provided in section 665.934(d), a vessel that is used to non commercially fish for, take, retain, or possess MUS in the Monument must be registered for use with a permit issued pursuant to §§ 665.603, 665.624, 665.642, 665.662, 665.801(f), or 665.801(g). (2) Terms and conditions. Customary exchange of fish harvested in the Monument is prohibited. (b) Pacific Remote Islands Monument recreational charter permit—(1) Applica bility. Except as provided in § 665.934(d), both the owner and operator of a vessel that is chartered to recreationally fish for, take, retain, or possess MUS in the Monument must have a permit issued under this section, and the permit must be registered for use with that vessel. Charter boat customers are not required to obtain a permit. (2) Terms and conditions. (i) The sale or exchange through barter or trade of fish caught by a charter boat fishing in the Monument is prohibited. (ii) Customary exchange of fish har vested under a Monument recreational charter permit is prohibited. (c) Application. An application for a permit required under this section must be submitted to PIRO as de scribed in § 665.13. (d) Transfer. A permit issued under this section is not transferrable. (e) Reporting and recordkeeping. The operator of a vessel subject to the re quirements of this section must com ply with the terms and conditions de scribed in § 665.14. [78 FR 33003, June 3, 2013, as amended at 78 FR 39583, July 2, 2013] VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00513 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 504 50 CFR Ch. VI (10–1–22 Edition) § 665.936 § 665.936 International law. The regulations in this subpart shall be applied in accordance with inter national law. No restrictions shall apply to or be enforced against a per son who is not a citizen, national, or resident alien of the United States (in cluding foreign flag vessels) unless in accordance with international law. Subpart I—Rose Atoll Marine National Monument SOURCE: 78 FR 33003, June 3, 2013, unless otherwise noted. § 665.960 Scope and purpose. The regulations in this subpart cod ify certain provisions of the Proclama tion, and govern the administration of fishing within the Monument. Nothing in this subpart shall be deemed to di minish or enlarge the jurisdiction of the Territory of American Samoa. § 665.961 Boundaries. The Monument consists of emergent and submerged lands and waters ex tending seaward approximately 50 nm from Rose Atoll. The boundary is de fined by straight lines connecting the following coordinates in the order list ed: ID W. long. S. lat. 1 ................. 169°0′42″ 13°41′54″ 2 ................. 167°17′0″ 13°41′54″ 3 ................. 167°17′0″ 15°23′10″ 4 ................. 169°0′42″ 15°23′10″ 1 ................. 169°0′42″ 13°41′54″ § 665.962 Definitions. The following definitions are used in this subpart: Management Unit Species or MUS means the American Samoa manage ment unit species as defined in §§ 665.401, 665.421, 665.441, and 665.461, and the pelagic management unit spe cies as defined in § 665.800. Monument means the waters and emergent and submerged lands of the Rose Atoll Marine National Monument, as defined in § 665.961. Proclamation means Presidential Proclamation 8337 of January 6, 2009, ‘‘Establishment of the Rose Atoll Ma rine National Monument.’’ § 665.963 Prohibitions. In addition to the general prohibi tions specified in § 600.725 of this chap ter, and § 665.15 and subpart B of this part, the following activities are pro hibited in the Monument and, thus, un lawful for a person to conduct or cause to be conducted. (a) Commercial fishing in the Monu ment. (b) Non-commercial fishing in the Monument, except as authorized under permit and pursuant to the procedures and criteria established in § 665.965. (c) Transferring a permit in violation of § 665.965(d). (d) Commercial fishing outside the Monument and non-commercial fishing within the Monument on the same trip in violation of § 665.964(c). (e) Fishing within 12 nm of emergent land within the Monument in violation of § 665.964(d). [78 FR 33003, June 3, 2013, as amended at 78 FR 39583, July 2, 2013] § 665.964 Regulated activities. (a) Commercial fishing is prohibited in the Monument. (b) Non-commercial fishing is prohib ited in the Monument, except as au thorized under permit and pursuant to the procedures and criteria established in § 665.965. (c) Commercial fishing outside the Monument and non-commercial fishing within the Monument during the same trip is prohibited. (d) All fishing is prohibited within 12 nm of emergent land within the Monu ment. [78 FR 33003, June 3, 2013, as amended at 78 FR 39583, July 2, 2013] § 665.965 Fishing permit procedures and criteria. (a) Rose Atoll Monument non-commer cial fishing permit—(1) Applicability. Both the owner and operator of a vessel used to non-commercially fish for, take, retain, or possess MUS in the Monument must have a permit issued under this section, and the permit must be registered for use with that vessel. (2) Eligibility criteria. A permit issued under this section may be issued only VerDate Sep<11>2014 08:57 Jan 13, 2023 Jkt 256248 PO 00000 Frm 00514 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