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61 FR 34572, July 2, 1996, unless otherwise noted. Redesignated at 71 FR 17989, Apr. 10, 2006. (a) This subpart contains regulations that are common to all Western Pacific fisheries managed under fishery management plans prepared by the Western Pacific Fishery Management Council under the Magnuson Act. (b) Regulations specific to individual fisheries are included in subparts C, D, E, F, and G of this part. (c) Nothing in subparts C, D, E, F, and G of this part is intended to supercede any valid state or Federal regulations that are more restrictive than those published here. [61 FR 34572, July 2, 1996, as amended at 69 FR 8341, Feb. 24, 2004; 71 FR 17989, Apr. 10, 2006] § 665.12 Definitions.In addition to the definitions in the Magnuson-Stevens Act, and in §665.10, the terms used in subparts B through G of this part have the following meanings: American Samoa longline limited access permit means the permit required by §665.21 to use a vessel shoreward of the outer boundary of the EEZ around American Samoa to fish for Pacific pelagic management unit species using longline gear or to land or transship Pacific pelagic management unit species that were caught in the EEZ around American Samoa using longline gear. American Samoa pelagics mailing list means the list maintained by the Pacific Islands Regional Office of names and mailing addresses of parties interested in receiving notices of availability for American Samoa longline limited access permits. Basket-style longline gear means a type of longline gear that is divided into units called “baskets” each consisting of a segment of main line to which 10 or more branch lines with hooks are spliced. The mainline and all branch lines are made of multiple braided strands of cotton, nylon, or other synthetic fibers impregnated with tar or other heavy coatings that cause the lines to sink rapidly in seawater. Bottomfish FMP means the Fishery Management Plan for Bottomfish and Seamount Groundfish of the Western Pacific Region. Bottomfish management area means the areas designated in §665.69. Bottomfish management unit species means the following fish:
Notes: G—Guam; H—Hawaii; S—American Samoa. Carapace length means a measurement in a straight line from the ridge between the two largest spines above the eyes, back to the rear edge of the carapace of a spiny lobster (see Figure 1 of this part). Circle hook means a fishing hook with the point turned perpendicularly back towards the shank. Commercial fishing means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter, or trade. All lobster fishing in Crustaceans Permit Area 1 is considered commercial fishing. Commonwealth of the Northern Mariana Islands (CNMI) means Northern Mariana Islands. CNMI commercial bottomfish permit means the permit required by §665.61 (a)(5) to engage in commercial fishing for bottomfish management unit species in U.S. EEZ waters around the CNMI. CNMI offshore area means the portion of the U.S. EEZ around the CNMI extending seaward from a line drawn 3 nautical miles from the baseline around the CNMI from which the territorial sea is measured, to the outer boundary of the U.S. EEZ, which to the south means those points which are equidistant between Guam and the island of Rota in the CNMI. Council means the Western Pacific Fishery Management Council. Coral reef ecosystem management unit species (Coral reef ecosystem MUS) means all of the Currently Harvested Coral Reef Taxa listed in Table 3 and Potentially Harvested Coral Reef Taxa listed Table 4 of this part and which spend the majority of their non-pelagic (post-settlement) life stages within waters less than or equal to 50 fathoms in total depth. Coral reef ecosystem regulatory area means the U.S. EEZ waters around American Samoa, Guam, Hawaii, CNMI and the PRIA except for the portion of EEZ waters 0–3 miles around the CNMI, and EEZ waters around the NWHI west of 160°50'W. long. Crustaceans FMP means the Fishery Management Plan for Crustacean Fisheries of the Western Pacific Region. Crustaceans management area means the EEZ waters around American Samoa, the CNMI, Guam, Hawaii, and the PRIA. Crustaceans management unit species means the following crustaceans:
Crustaceans Permit Area 1 (Permit Area 1) means the EEZ off the Northwestern Hawaiian Islands. Crustaceans Permit Area 2 (Permit Area 2) means the EEZ off the main Hawaiian Islands. Crustaceans Permit Area 3 (Permit Area 3) means the EEZ around Guam and American Samoa, and the EEZ seaward of points 3 nautical miles from the shoreline of the CNMI. Crustaceans Permit Area 4 (Permit Area 4) means the EEZ around the PRIA, with the exception of EEZ waters around Midway Atoll. Crustaceans Permit Area 1 VMS Subarea means an area within the EEZ off the NWHI 50 nm from the center geographical positions of the islands and reefs in the NWHI as follows: Nihoa Island 23°05' N. lat., 161°55' W. long.; Necker Island 23°35' N. lat., 164°40' W. long.; French Frigate Shoals 23°45' N. lat., 166°15' W. long; Garner Pinnacles 25°00' N. lat., 168°00' W. long.; Maro Reef 25°25' N. lat., 170°35' W. long.; Laysan Island 25°45' N. lat., 171°45' W. long; Lisianski Island 26°00' N. lat., 173°55' W. long.; Pearl and Hermes Reef 27°50' N. lat., 175°50' W. long.; Midway Islands 28°14' N. lat., 177°22' W. long.; and Kure Island 28°25' N. lat., 178°20' W. long. 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. Crustaceans receiving vessel means a vessel of the United States to which lobsters taken in the crustaceans management area are transferred from another vessel. Currently harvested coral reef taxa (CHCRT) means coral reef associated species, families, or subfamilies, as described in Table 3 of this part, that have annual landings greater than 454.54 kg (1,000 lb) as reported on individual state, commonwealth, or territory catch reports or through creel surveys. Fisheries and research data from many of these species have been analyzed by regional management agencies. Dead coral means any precious coral that no longer has any live coral polyps or tissue. Deep-set or Deep-setting means the deployment of, or deploying, respectively, longline gear in a manner consistent with all the following criteria: with all float lines at least 20 meters in length; with a minimum of 15 branch lines between any two floats (except basket-style longline gear which may have as few as 10 branch lines between any two floats); without the use of light sticks; and resulting in the possession or landing of no more than 10 swordfish (Xiphias gladius) at any time during a given trip. As used in this definition “float line” means a line used to suspend the main longline beneath a float and “light stick” means any type of light emitting device, including any fluorescent “glow bead”, chemical, or electrically powered light that is affixed underwater to the longline gear. EFP means an experimental fishing permit. First level buyer means: (1) The first person who purchases, with the intention to resell, management unit species, or portions thereof, that were harvested by a vessel that holds a permit or is otherwise regulated under subpart D of this part; or (2) A person who provides recordkeeping, purchase, or sales assistance in the first transaction involving management unit species (such as the services provided by a wholesale auction facility). Fish dealer means any person who: (1) Obtains, with the intention to resell, Pacific pelagic management unit species, or portions thereof, that were harvested or received by a vessel that holds a permit or is otherwise regulated under subpart E of this part; or (2) Provides recordkeeping, purchase, or sales assistance in obtaining or selling such management unit species (such as the services provided by a wholesale auction facility). Fishing gear, as used in subpart D of this part, includes: (1) Bottom trawl, which means a trawl in which the otter boards or the footrope of the net are in contact with the sea bed. (2) Gillnet, (see §600.10). (3) Hook-and-line, which means one or more hooks attached to one or more lines. (4) Set net, which means a stationary, buoyed, and anchored gill net. (5) Trawl, (see §600.10). Fishing trip means a period of time during which fishing is conducted, beginning when the vessel leaves port and ending when the vessel lands fish. Fishing year means the year beginning at 0001 local time on January 1 and ending at 2400 local time on December 31, with the exception of fishing for Hawaii Restricted Bottomfish Species. Freeboard means the straight-line vertical distance between a vessel's working deck and the sea surface. If the vessel does not have gunwale door or stern door that exposes the working deck, freeboard means the straight-line vertical distance between the top of a vessel's railing and the sea surface. Guam bottomfish permit means the permit required by §665.61(a)(4) to use a large vessel to fish for, land, or transship bottomfish management unit species shoreward of the outer boundary of the Guam subarea of the bottomfish fishery management area. Harvest guideline means a specified numerical harvest objective. Hawaiian Archipelago means the Main and Northwestern Hawaiian Islands, including Midway Atoll. Hawaii longline limited access permit means the permit required by §665.21 to use a vessel to fish for Pacific pelagic management unit species with longline gear in the EEZ around Hawaii or to land or transship longline-caught Pacific pelagic management unit species shoreward of the outer boundary of the EEZ around Hawaii. Hawaii restricted bottomfish species fishing year 2008–09 and After means the year beginning at 0001 HST on September 1 and ending at 2400 HST on August 31 of the next calendar year. Hookah breather means a tethered underwater breathing device that pumps air from the surface through one or more hoses to divers at depth. Incidental catch or incidental species means species caught while fishing for the primary purpose of catching a different species. Interested parties means the State of Hawaii Department of Land and Natural Resources, the Council, holders of permits issued under subpart D of this part, and any person who has notified the Regional Administrator of his or her interest in the procedures and decisions described in §§665.51 and 665.52, and who has specifically requested to be considered an “interested party.” Land or landing means offloading fish from a fishing vessel, arriving in port to begin offloading fish, or causing fish to be offloaded from a fishing vessel. Large vesse l means, as used in §§665.22, 665.37, 665.38, 665.61, 665.62, and 665.70, any vessel equal to or greater than 50 ft (15.2 m) in length overall. Length overall (LOA) or length of a vessel means, as used in §§665.21(i) and 665.22, the horizontal distance, rounded to the nearest foot (with any 0.5 foot or 0.15 meter fraction rounded upward), between the foremost part of the stem and the aftermost part of the stern, excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments (see Figure 2 to this part). “Stem” is the foremost part of the vessel, consisting of a section of timber or fiberglass, or cast forged or rolled metal, to which the sides of the vessel are united at the fore end, with the lower end united to the keel, and with the bowsprit, if one is present, resting on the upper end. “Stern” is the aftermost part of the vessel. Live coral means any precious coral that has live coral polyps or tissue. Live rock means any natural, hard substrate, including dead coral or rock, to which is attached, or which supports, any living marine life-form associated with coral reefs. Lobster closed area means an area of the EEZ that is closed to fishing for lobster. Lobster grounds refers, singularly or collectively, to the following four areas in Crustaceans Permit Area 1 that shall be used to manage the lobster fishery: (1) Necker Island Lobster Grounds —waters bounded by straight lines connecting the following coordinates in the order presented: 24°00' N. lat., 165°00' W. long.; 24°00' N. lat., 164°00' W. long.; 23°00' N. lat., 164°00' W. long.; and 23°00' N. lat., 165°00' W. long. (2) Gardner Pinnacles Lobster Grounds —waters bounded by straight lines connecting the following coordinates in the order presented: 25°20' N. lat., 168°20' W. long.; 25°20' N. lat., 167°40' W. long.; 24°20' N. lat., 167°40' W. long.; and 24°20' N. lat., 168°20' W. long. (3) Maro Reef Lobster Grounds —waters bounded by straight lines connecting the following coordinates in the order presented: 25°40' N. lat., 171°00' W. long.; 25°40' N. lat., 170°20' W. long.; 25°00' N. lat., 170°20' W. long.; and 25°00' N. lat., 171°00' W. long. (4) General NWHI Lobster Grounds —all waters within Crustaceans Permit Area 1 except for the Necker Island, Gardner Pinnacles, and Maro Reef Lobster Grounds. Longline fishing prohibited area means the portions of the EEZ in which longline fishing is prohibited as specified in §665.26. Longline fishing vessel means a vessel that has longline gear on board the vessel. Longline gear means a type of fishing gear consisting of a main line that exceeds 1 nm in length, is suspended horizontally in the water column either anchored, floating, or attached to a vessel, and from which branch or dropper lines with hooks are attached; except that, within the protected species zone, longline gear means a type of fishing gear consisting of a main line of any length that is suspended horizontally in the water column either anchored, floating, or attached to a vessel, and from which branch or dropper lines with hooks are attached. Low use marine protected area (MPA) means an area of the U.S. EEZ where fishing operations have specific restrictions in order to protect the coral reef ecosystem, as specified under area restrictions. Main Hawaiian Islands means the islands of the Hawaiian Islands Archipelago lying to the east of 161° W. long. Main Hawaiian Islands Non-Commercial Bottomfish Permit means the permit required by §665.61(a)(4) to own or fish from a vessel that is used in any non-commercial vessel-based fishing, landing, or transshipment of any bottomfish management unit species in the Main Hawaiian Islands Management Subarea. Medium vessel , as used in §§665.61 through 665.72, means any vessel equal to or more than 40 ft (12.2 m) and less than 50 ft (15.2 m) in length overall. Non-commercial fishing means fishing that does not meet the definition of commercial fishing. Non-precious coral means any species of coral other than those listed under the definition for precious coral in this section. Non-selective gear means any gear used for harvesting corals that cannot discriminate or differentiate between types, size, quality, or characteristics of living or dead corals. Northwestern Hawaiian Islands (NWHI) means the islands of the Hawaiian Islands Archipelago lying to the west of 161° W. long. No-take MPA means an area of the U.S. EEZ that is closed to fishing for or harvesting of management unit species, precious corals and seamount groundfish, as defined in this section. Offloading means removing management unit species from a vessel. Offset circle hook means a circle hook in which the barbed end of the hook is displaced relative to the parallel plane of the eyed-end, or shank, of the hook when laid on its side. Owner, as used in subparts C and D of this part and §665.61(i) through (m), means a person who is identified as the current owner of the vessel as described in the Certificate of Documentation (Form CG–1270) issued by the USCG for a documented vessel, or in a registration certificate issued by a state, a territory, or the USCG for an undocumented vessel. As used in subpart F of this part and §665.61(c) through (h), the definition of “owner” in §600.10 of this chapter continues to apply. Pacific Pelagic Management Unit Species means the following fish:
Pacific Islands Regional Office (PIRO) means the headquarters of the Pacific Islands Region, NMFS, located at 1601 Kapiolani Blvd., Suite 1110, Honolulu, Hawaii 96814; telephone number (808) 944–2200. Pacific Remote Island Areas (PRIA) bottomfish fishing permit means the permit required by §665.61 to use a vessel to fish for bottomfish management unit species (MUS) in the EEZ around the PRIA, or to land bottomfish MUS shoreward of the outer boundary of the EEZ around the PRIA, with the exception of EEZ waters around Midway Atoll. Pacific Remote Island Areas (PRIA) crustacean fishing permit means the permit required by §665.41 to use a vessel to fish for crustacean management unit species (MUS) in the EEZ around the PRIA, or to land crustacean MUS shoreward of the outer boundary of the EEZ around the PRIA, with the exception of EEZ waters around Midway Atoll. Pacific Remote Island Areas (PRIA) pelagic troll and handline fishing permit means the permit required by §665.21 to use a vessel shoreward of the outer boundary of the EEZ around the PRIA to fish for Pacific pelagic management unit species using pelagic handline or troll fishing methods. Pacific remote island areas (PRIA, or U.S. island possessions in the Pacific Ocean) means Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll, Wake Island, and Midway Atoll. Pelagic handline fishing means fishing for pelagic management unit species from a stationary or drifting vessel using hook and line gear other than longline gear. Pelagic troll fishing (trolling) means fishing for pelagic management unit species from a moving vessel using hook and line gear. Pelagics FMP means the Fishery Management Plan for the Pelagic Fisheries of the Western Pacific Region. Potentially harvested coral reef taxa (PHCRT) means coral reef associated species, families, or subfamilies, as listed in Table 4 of this part, for which little or no information is available beyond general taxonomic and distribution descriptions. These species have either not been caught in the past or have been harvested annually in amounts less than 454.54 kg (1,000 lb). Coral reef ecosystem management unit species that are not listed as management unit species, precious corals, seamount groundfish, as defined in this section, or listed as CHCRT in Table 3 of this part. Precious coral means any coral of the genus Corallium in addition to the following species of corals:
Precious coral permit area means the area encompassing the precious coral beds in the management area. Each bed is designated by a permit area code and assigned to one of the following four categories: (1) Established beds. (i) Makapu'u (Oahu), Permit Area E-B–1, includes the area within a radius of 2.0 nm of a point at 21°18.0' N. lat., 157°32.5' W. long. (ii) Au'au Channel (Maui), Permit Area E-B–2, includes the area west and south of a point at 21°10' N. lat., 156°40' W. long., and east of a point at 21° N. lat., 157° W. long., and west and north of a point at 20°45' N. lat., 156°40' W. long. (2) Conditional beds. (i) Keahole Point (Hawaii), Permit Area C-B-1, includes the area within a radius of 0.5 nm of a point at 19°46.0' N. lat., 156°06.0' W. long. (ii) Kaena Point (Oahu), Permit Area C-B-2, includes the area within a radius of 0.5 nm of a point at 21°35.4' N. lat., 158°22.9' W. long. (iii) Brooks Bank, Permit Area C-B-3, includes the area within a radius of 2.0 nm of a point at 24°06.0' N. lat., 166°48.0' W. long. (iv) 180 Fathom Bank, Permit Area C-B-4, N.W. of Kure Atoll, includes the area within a radius of 2.0 nm of a point at 28°50.2' N. lat., 178°53.4' W. long. (3) Refugia. Westpac Bed, Permit Area R-1, includes the area within a radius of 2.0 nm of a point at 23°18' N. lat., 162°35' W. long. (4) Exploratory areas. (1) 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. (ii) Permit Area X-P-AS includes all coral beds, other than established beds, conditional beds, or refugia, in the EEZ seaward of American Samoa. (iii) Permit Area X-P-G includes all coral beds, other than established beds, conditional beds, or refugia, in the EEZ seaward of Guam. (iv) Permit Area X-P-PI includes all coral beds, other than established beds, conditional beds, or refugia, in the EEZ seaward of the U.S. Pacific Island possessions. (v) Permit Area X-P-CNMI includes all coral beds, other than established beds, conditional beds, or refugia, in the EEZ seaward of points 3 nautical miles from the shoreline of the CNMI. Protected species means an animal protected under the MMPA, listed under the ESA, or subject to the Migratory Bird Treaty Act, as amended. Protected species study zones means the waters within a specified distance, designated by the Regional Administrator pursuant to §665.66, around the following islands of the NWHI and as measured from the following coordinates: Nihoa Island 23°05' N. lat., 161°55' W. long.; Necker Island 23°35' N. lat., 164°40' W. long.; French Frigate Shoals 23°45' N. lat., 166°15' W. long.; Gardner Pinnacles 25°00' N. lat., 168°00' W. long.; Maro Reef 25°25' N. lat., 170°35' W. long.; Laysan Island 25°45' N. lat., 171°45' W. long.; Lisianski Island 26°00' N. lat., 173°55' W. long.; Pearl and Hermes Reef 27°50' N. lat., 175°50' W. long.; Midway Island 28°14' N. lat., 177°22' W. long.; and Kure Island 28°25' N. lat., 178°20' W. long. The protected species study zones encompasses waters within 50 nm of the geographical coordinates listed above. Protected species zone means an area, designated under §665.26, measured from the center geographical positions of certain islands and reefs in the NWHI, as follows: Nihoa Island 23°05' N. lat., 161°55' W. long.; Necker Island 23°35' N. lat., 164°40' W. long.; French Frigate Shoals 23°45' N. lat., 166°15' W. long; Gardner Pinnacles 25°00' N. lat., 168°00' W. long.; Maro Reef 25°25' N. lat., 170°35' W. long.; Laysan Island 25°45' N. lat., 171°45' W. long; Lisianski Island 26°00' N. lat., 173°55' W. long.; Pearl and Hermes Reef 27°50' N. lat., 175°50' W. long.; Midway Islands 28°14' N. lat., 177°22' W. long.; and Kure Island 28°25' N. lat., 178°20' W. long. Where the areas are not contiguous, parallel lines drawn tangent to and connecting those semi-circles of the 50-nm areas that lie between Nihoa Island and Necker Island, French Frigate Shoals and Gardner Pinnacles, Gardner Pinnacles and Maro Reef, and Lisianski Island and Pearl and Hermes Reef, shall delimit the remainder of the protected species zone. Receiving vessel means a vessel that receives fish or fish products from a fishing vessel, and with regard to a vessel holding a permit under §665.21(e) that also lands Pacific Pelagic Management Unit Species taken by other vessels using longline gear. Receiving vessel permit means a permit required by §665.21(e) for a receiving vessel to transship or land Pacific pelagic management unit species taken by other vessels using longline gear. Regional Administrator means Director, Pacific Islands Region, NMFS ( see Table 1 of §600.502 for address). Seamount groundfish means the following species:
Selective gear means any gear used for harvesting corals that can discriminate or differentiate between type, size, quality, or characteristics of living or dead corals. Shallow-set or Shallow-setting means the deployment of, or deploying, respectively, longline gear in a manner that does not meet the definition of deep-set or deep-setting as defined in this section. Shallow-set certificate means an original paper certificate that is issued by NMFS and valid for one shallow-set of longline gear (more than one nautical mile of deployed longline gear is a complete set) for sets that start during the period of validity indicated on the certificate. Special Agent-In-Charge (SAC) means the Special-Agent-In-Charge, NMFS, Pacific Islands Enforcement Division, or a designee of the SAC, located at 300 Ala Moana Blvd., Suite 7–118, Honolulu, Hawaii, 96850; telephone number (808) 541–2727. Special permit means a permit issued to allow fishing for coral reef ecosystem management unit species in low-use MPAs or to fish for any PHCRT. Squid jig fishing means fishing for squid that are Pelagic management unit species using a hook or hooks attached to a line that is raised and lowered in the water column by manual or mechanical means. State of Hawaii Commercial Marine License means the license required by the State of Hawaii for anyone to take marine life for commercial purposes (also known as the commercial fishing license). Transship means offloading or otherwise transferring management unit species or products thereof to a receiving vessel. Trap means a box-like device used for catching and holding lobsters or fish. U.S. harvested corals means coral caught, taken, or harvested by vessels of the United States within any fishery for which a fishery management plan has been implemented under the Magnuson Act. Vessel monitoring system unit (VMS unit) means the hardware and software owned by NMFS, installed on vessels by NMFS, and required to track and transmit the positions of certain vessels. Western Pacific Fishery Management Area means those waters shoreward of the outer boundary of the EEZ around American Samoa, Guam, Hawaii, the Northern Mariana Islands, Midway, Johnston and Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, and Howland Islands. Western Pacific general longline permit means the permit authorized under §665.21 to use a vessel shoreward of the outer boundary of the EEZ around Guam, the Northern Mariana Islands, Johnston or Palmyra Atolls, Kingman Reef, or Wake, Jarvis, Baker or Howland Islands to fish for Pacific pelagic management unit species using longline gear or to land or to transship Pacific pelagic management unit species that were caught using longline gear. [61 FR 34572, July 2, 1996] Editorial Note:
For § 665.13 Permits and fees.(a) Applicability. The requirements for permits for specific Western Pacific fisheries are set forth in subparts C, D, E, F, and G of this part. (b) Validity. Each permit is valid for fishing only in the specific fishery management areas identified on the permit. (c) Application. (1) A Western Pacific Federal Fisheries Permit Application Form may be obtained from the NMFS PIRO to apply for a permit or permits to operate in any of the fisheries regulated under subparts C, D, E, F, and G of this part. The completed application must be submitted to PIRO. In no case shall PIRO accept an application that is not on the Western Pacific Federal Fisheries Application Form. (2) A minimum of 15 days after the day PIRO receives a complete application should be allowed for processing a permit application for fisheries under subparts C, D, E, and F of this part. A minimum of 60 days after the day PIRO receives a complete application should be allowed for processing a permit application for fisheries under subpart J of this part. If an incomplete or improperly completed application is filed, the applicant will be sent a letter of notice of deficiency. If the applicant fails to correct the deficiency within 30 days following the date of the letter of notification of deficiency, the application will be considered abandoned. (d) Change in application information. Any change in the permit application information or vessel documentation, submitted under paragraph (c) of this section, must be reported to PIRO in writing within 15 days of the change to avoid a delay in processing the permit application. A minimum of 10 days from the day the information is received by PIRO should be given for PIRO to record any change in information from the permit application submitted under paragraph (c) of this section. Failure to report such changes may result in a delay in processing an application, permit holders failing to receive important notifications, or sanctions pursuant to the Magnuson-Stevens Act at 16 U.S.C. §1858(g) or 15 CFR part 904, subpart D. (e) Issuance. After receiving a complete application, the Regional Administrator will issue a permit to an applicant who is eligible under §§665.21, 665.36, 665.41, 665.61, 665.601, or 665.8, or 665.602 as appropriate. (f) Fees. (1) PIRO will not charge a fee for a permit issued under subpart D or F of this part, for a Ho'omalu Zone limited access permit, or for a Guam bottomfish permit issued under §665.61. (2) PIRO will charge a non-refundable processing fee for each application (including transfers and renewals) for the following permits. The amount of the fee is calculated in accordance with the procedures of the NOAA Finance Handbook, for determining the administrative costs of each special product or service incurred in processing the permit. The fee may not exceed such costs and is specified with each application form. The appropriate fee must accompany each application. Failure to pay the fee will preclude the issuance, transfer or renewal of any of these permits: (i) Hawaii longline limited access permit. (ii) Mau Zone limited access permit. (iii) Coral reef ecosystem special permit. (iv) American Samoa longline limited access permit. (v) Main Hawaiian Islands non-commercial bottomfish permit. (vi) Western Pacific squid jig permit. (vii) Crustaceans permit. (viii) CNMI commercial bottomfish permit. (g) Expiration. Permits issued under subparts C, D, E, F, and G of this part are valid for the period specified on the permit unless revoked, suspended, transferred, or modified. (h) Replacement. Replacement permits may be issued, without charge, to replace lost or mutilated permits. An application for a replacement permit is not considered a new application. (i) Transfer. An application for a permit transfer under §§665.21(h), 665.41(e), or 665.61(e), or for registration of a permit for use with a replacement vessel under §665.61(k), must be submitted to the PIRO as described in paragraph (c) of this section. (j) Alteration. Any permit that has been altered, erased, or mutilated is invalid. (k) Display. Any permit issued under this subpart, or a facsimile of the permit, must be on board the vessel at all times while the vessel is fishing for, taking, retaining, possessing, or landing management unit species shoreward of the outer boundary of the fishery management area. Any permit issued under this section must be displayed for inspection upon request of an authorized officer. (l) Sanctions. Procedures governing sanctions and denials are found at subpart D of 15 CFR part 904. (m) Permit appeals. Procedures for appeals of permit and administrative actions are specified in the relevant subparts of this part. [61 FR 34572, July 2, 1996, as amended at 64 FR 22812, Apr. 28, 1999; 69 FR 8342, Feb. 24, 2004; 70 FR 29651, May 24, 2005; 71 FR 64476, Nov. 2, 2006; 73 FR 18458, Apr. 4, 2008; 73 FR 70602, 70604, Nov. 21, 2008; 73 FR 75623, Dec. 12, 2008; 73 FR 75620, Dec. 12, 2008] Effective Date Note: At 73 FR 70602 and 70604, Nov. 21, 2008, §665.13 was amended; and at 73 FR 75623, Dec. 12, 2008 these amendments were corrected. These amendments contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 665.14 Reporting and recordkeeping.(a) Fishing record forms . (1) Applicability. The operator of any fishing vessel subject to the requirements of §§665.21, 665.41, 665.61(a)(2), 665.61(a)(3), 665.61(a)(4), 665.61(a)(5), 665.81, or 665.602 must maintain on board the vessel an accurate and complete record of catch, effort, and other data on paper report forms provided by the Regional Administrator, or electronically as specified and approved by the Regional Administrator. All information specified by the Regional Administrator must be recorded on paper or electronically within 24 hours after the completion of each fishing day. The logbook information, reported on paper or electronically, for each day of the fishing trip must be signed and dated or otherwise authenticated by the vessel operator in the manner determined by the Regional Administrator, and be submitted or transmitted via an approved method as specified by the Regional Administrator, and as required by this paragraph (a). (2) Timeliness of submission. (i) If fishing was authorized under a permit pursuant to §§665.21, 665.41, 665.61(a)(3), 665.61(a)(5), or 665.81, the vessel operator must submit the original logbook form for each day of the fishing trip to the Regional Administrator within 72 hours of the end of each fishing trip, except as allowed in paragraph (a)(2)(iii) of this section. (ii) If fishing was authorized under a permit pursuant to §665.61(a)(4) the vessel operator or vessel owner must submit the original logbook form for each day of the fishing trip to the Regional Administrator within 72 hours of the end of each fishing trip. (iii) If fishing was authorized under a PRIA bottomfish permit pursuant to §665.61(a)(2), PRIA pelagic troll and handline permit pursuant to §665.21(f), crustaceans fishing permit for the PRIA (Permit Area 4) pursuant to §665.41, or a precious corals fishing permit for Permit Area X-P-PI pursuant to §665.81, the original logbook form for each day of fishing within the PRIA EEZ waters must be submitted to the Regional Administrator within 30 days of the end of each fishing trip. (iv) If fishing was authorized under a permit pursuant to §665.602, the original logbook information for each day of fishing must be submitted to the Regional Administrator within 30 days of the end of each fishing trip. (b) Transshipment logbooks. Any person subject to the requirements of §665.21(c) or §665.602(a)(2) must maintain on board the vessel an accurate and complete NMFS transshipment logbook containing report forms provided by the Regional Administrator. All information specified on the forms must be recorded on the forms within 24 hours after the day of transshipment. Each form must be signed and dated by the receiving vessel operator. The original logbook for each day of transshipment activity must be submitted to the Regional Administrator within 72 hours of each landing of Pacific pelagic management unit species. The original logbook for each day of transshipment activity must be submitted to the Regional Administrator within 7 days of each landing of coral reef ecosystem MUS. (c) Sales report. The operator of any fishing vessel subject to the requirements of §665.41, or the owner of a medium or large fishing vessel subject to the requirements of §665.61(a)(5), must submit to the Regional Administrator, within 72 hours of offloading crustacean or bottomfish management unit species, respectively, an accurate and complete sales report on a form provided by the Regional Administrator. The form must be signed and dated by the fishing vessel operator. (d) Packing or weigh-out slips. The operator of any fishing vessel subject to the requirements of §665.41 must attach packing or weighout slips provided to the operator by the first-level buyer(s), unless the packing or weighout slips have not been provided in time by the buyer(s). (e) Modification of reporting and recordkeeping requirements. The Regional Administrator may, after consultation with the Council, initiate rulemaking to modify the information to be provided on the fishing record forms, transshipment logbook, and sales report forms and timeliness by which the information is to be provided, including the submission of packing or weighout slips. (f) Availability of records for inspection —(1) Pacific pelagic management unit species. Upon request, any fish dealer must immediately provide an authorized officer access for inspecting and copying all records of purchases, sales, or other transactions involving Pacific pelagic management unit species taken or handled by longline vessels that have permits issued under this subpart or that are otherwise subject to subpart C of this part, including, but not limited to, information concerning: (i) The name of the vessel involved in each transaction and the owner or operator of the vessel. (ii) The weight, number, and size of each species of fish involved in each transaction. (iii) Prices paid by the buyer and proceeds to the seller in each transaction. (2) Crustaceans management unit species. Upon request, any first-level buyer must immediately allow an authorized officer and any employee of NMFS designated by the Regional Administrator, to access, inspect, and copy all records relating to the harvest, sale, or transfer of crustacean management unit species taken by vessels that have permits issued under this subpart or that are otherwise subject to subpart D of this part. This requirement may be met by furnishing the information on a worksheet provided by the Regional Administrator. The information must include, but is not limited to: (i) The name of the vessel involved in each transaction and the owner or operator of the vessel. (ii) The amount, number, and size of each management unit species involved in each transaction. (iii) Prices paid by the buyer and proceeds to the seller in each transaction. (3) Bottomfish and seamount groundfish management unit species. Any person who is required by state laws and regulations to maintain records of landings and sales for vessels regulated by this subpart and subpart E of this part must make those records immediately available for Federal inspection and copying upon request by an authorized officer. (4) Coral reef ecosystem MUS. Any person who has a special permit and who is required by state laws and regulations to maintain and submit records of catch and effort, landings and sales for coral reef ecosystem MUS by this subpart and subpart G of this part must make those records immediately available for Federal inspection and copying upon request by an authorized officer as defined in §600.10 of this chapter of this chapter (g) State reporting. Any person who has a permit under §665.21, 665.61, or 665.601 and who is regulated by state laws and regulations to maintain and submit records of catch and effort, landings and sales for vessels regulated by subparts C, E and G of this part must maintain and submit those records in the exact manner required by state laws and regulations. [61 FR 34572, July 2, 1996, as amended at 62 FR 27524, May 20, 1997; 67 FR 56501, Sept. 4, 2002; 69 FR 8343, Feb. 24, 2004; 71 FR 53607, Sept. 12, 2006; 71 FR 64476, Nov. 2, 2006; 72 FR 19125, Apr. 17, 2007; 73 FR 18458, Apr. 4, 2008; 73 FR 70602, Nov. 21, 2008; 73 FR 75620, Dec. 12, 2008] Effective Date Note 1: At 73 FR 70602, Nov. 21, 2008, §665.14(a)(1) was revised. This paragraph contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. Effective Date Note 2: At 73 FR 75620, Dec. 12, 2008, §665.14(a)(1), (a)(2)(i), and (c) were revised. These paragraphs contain information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. § 665.15 Prohibitions.In addition to the prohibitions in §600.725 of this chapter, it is unlawful for any person to: (a) Engage in fishing without a valid permit or facsimile of a valid permit on board the vessel and available for inspection by an authorized officer, when a permit is required under §665.13 or §665.17, unless the vessel was at sea when the permit was issued under §665.13, in which case the permit must be on board the vessel before its next trip. (b) File false information on any application for a fishing permit under §665.13 or an EFP under §665.17. (c) Fail to file reports in the exact manner required by any state law or regulation, as required in §665.14. (d) Falsify or fail to make, keep, maintain, or submit any logbook or logbook form or other record or report required under §§665.14 and 665.17. (e) Refuse to make available to an authorized officer or a designee of the Regional Administrator for inspection or copying, any records that must be made available in accordance with §665.14. (f) Fail to affix or maintain vessel or gear markings, as required by §§665.16, 665.24, 665.47, and 665.605. (g) Violate a term or condition of an EFP issued under §665.17. (h) Fail to report any take of or interaction with protected species as required by §665.17(k). (i) Fish without an observer on board the vessel after the owner or agent of the owner has been directed by NMFS to make accommodations available for an observer under §§665.17, 665.28, 665.49, or 665.65. (j) Refuse to make accommodations available for an observer when so directed by the Regional Administrator under §665.28, §665.49, or §665.65, or under any provision in an EFP issued under §665.17. (k) Fail to notify officials as required in §§665.23, 665.28, 665.43, 665.63, and 665.603. (l) Fish for, take or retain within a no-take MPA, defined in §665.18, any bottomfish management unit species, crustacean management unit species, Pacific pelagic management unit species, precious coral, seamount groundfish or coral reef ecosystem MUS. (m) Fish for, catch, or harvest management unit species with longline gear without an operational VMS unit on board the vessel after installation of the VMS unit by NMFS, in violation of §665.19(e)(2). (n) Possess management unit species, that were harvested after NMFS has installed the VMS unit on the vessel, on board that vessel without an operation VMS unit, in violation of 665.19(e)(2). (o) Interfere with, tamper with, alter, damage, disable, or impede the operation of a VMS unit or attempt any of the same; or move or remove a VMS unit without the prior permission of the SAC in violation of §665.19(e)(3). (p) Make a false statement, oral or written, to an authorized officer, regarding the use, operation, or maintenance of a VMS unit, in violation of §665.19(e)(1). (q) Interfere with, impede, delay, or prevent the installation, maintenance, repair, inspection, or removal of a VMS unit, in violation of §665.19(e)(1). (r) Interfere with, impede, delay, or prevent access to a VMS unit by a NMFS observer, in violation of §665.28(f)(4). (s) Connect or leave connected additional equipment to a VMS unit without the prior approval of the SAC, in violation of §665.19(f). [61 FR 34572, July 2, 1996, as amended at 69 FR 8343, Feb. 24, 2004; 73 FR 75621, Dec. 12, 2008] § 665.16 Vessel identification.(a) Each fishing vessel subject to this subpart, except those identified in paragraph (e) of this section, must display its official number on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck, so as to be visible from enforcement vessels and aircraft. (b) The official number must be affixed to each vessel subject to this subpart and subparts C, D, E, and F of this part, in block Arabic numerals at least 18 inches (45.7 cm) in height for fishing and receiving vessels of 65 ft (19.8 m) LOA or longer, and at least 10 inches (25.4 cm) in height for all other vessels, except vessels subject to Subpart F and 65 ft (19.8 m) LOA or longer must be marked in block Arabic numerals at least 14 inches (35.6 cm) in height. Marking must be legible and of a color that contrasts with the background. (c) The vessel operator must ensure that the official number is clearly legible and in good repair. (d) The vessel operator must ensure that no part of the vessel, its rigging, or its fishing gear obstructs the view of the official number from an enforcement vessel or aircraft. (e) The following fishing vessels are exempt from the vessel identification requirements in this section: (1) A vessel registered for use under a Main Hawaiian Islands non-commercial bottomfish permit that is in compliance with State of Hawaii bottomfish vessel registration and marking requirements. (2) A vessel less than 40 ft (12.2 m) in length registered for use under a CNMI commercial bottomfish permit that is in compliance with CNMI bottomfish vessel registration and marking requirements. [61 FR 34572, July 2, 1996. Redesignated at 71 FR 17989, Apr. 10, 2006; 73 FR 18459, Apr. 4, 2008; 73 FR 75621, Dec. 12, 2008] § 665.17 Experimental fishing.(a) General. The Regional Administrator may authorize, for limited purposes, the direct or incidental harvest of management unit species that would otherwise be prohibited by this subpart and subparts C, D, E, and F of this part. No experimental fishing may be conducted unless authorized by an EFP issued by the Regional Administrator in accordance with the criteria and procedures specified in this section. EFPs will be issued without charge. (b) Observers. No experimental fishing for crustacean management unit species may be conducted unless an NMFS scientific observer is aboard the vessel. (c) Application. An applicant for an EFP must submit to the Regional Administrator at least 60 days before the desired date of the EFP a written application including, but not limited to, the following information: (1) The date of the application. (2) The applicant's name, mailing address, and telephone number. (3) A statement of the purposes and goals of the experiment for which an EFP is needed, including a general description of the arrangements for disposition of all species harvested under the EFP. (4) A statement of whether the proposed experimental fishing has broader significance than the applicant's individual goals. (5) For each vessel to be covered by the EFP: (i) Vessel name. (ii) Name, address, and telephone number of owner and operator. (iii) USCG documentation, state license, or registration number. (iv) Home port. (v) Length of vessel. (vi) Net tonnage. (vii) Gross tonnage. (6) A description of the species (directed and incidental) to be harvested under the EFP and the amount of such harvest necessary to conduct the experiment. (7) For each vessel covered by the EFP, the approximate times and places fishing will take place, and the type, size, and amount of gear to be used. (8) The signature of the applicant. (d) Incomplete applications. The Regional Administrator may request from an applicant additional information necessary to make the determinations required under this section. An applicant will be notified of an incomplete application within 10 working days of receipt of the application. An incomplete application will not be considered until corrected in writing. (e) Issuance. (1) If an application contains all of the required information, NMFS will publish a notice of receipt of the application in the (i) The current utilization of domestic annual harvesting and processing capacity (including existing experimental harvesting, if any) of the directed and incidental species for which an EFP is being requested. (ii) A citation of the regulation or regulations that, without the EFP, would prohibit the proposed activity. (iii) Biological information relevant to the proposal. (2) At a Council meeting following receipt of a complete application, the Regional Administrator will consult with the Council and the Director of the affected state fishery management agency concerning the permit application. The applicant will be notified in advance of the meeting at which the application will be considered, and invited to appear in support of the application, if the applicant desires. (3) Within 5 working days after the consultation in paragraph (e)(2) of this section, or as soon as practicable thereafter, NMFS will notify the applicant in writing of the decision to grant or deny the EFP and, if denied, the reasons for the denial. Grounds for denial of an EFP include, but are not limited to, the following: (i) The applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with his or her application. (ii) According to the best scientific information available, the harvest to be conducted under the permit would detrimentally affect any species of fish in a significant way. (iii) Issuance of the EFP would inequitably allocate fishing privileges among domestic fishermen or would have economic allocation as its sole purpose. (iv) Activities to be conducted under the EFP would be inconsistent with the intent of this section or the management objectives of the FMP. (v) The applicant has failed to demonstrate a valid justification for the permit. (vi) The activity proposed under the EFP would create a significant enforcement problem. (4) The decision to grant or deny an EFP is final and unappealable. If the permit is granted, NMFS will publish a notice in the (i) The maximum amount of each species that can be harvested and landed during the term of the EFP, including trip limits, where appropriate. (ii) The number, sizes, names, and identification numbers of the vessels authorized to conduct fishing activities under the EFP. (iii) The times and places where experimental fishing may be conducted. (iv) The type, size, and amount of gear which may be used by each vessel operated under the EFP. (v) The condition that observers be carried aboard vessels operating under an EFP. (vi) Data reporting requirements. (vii) Such other conditions as may be necessary to assure compliance with the purposes of the EFP consistent with the objectives of the FMP. (f) Duration. Unless otherwise specified in the EFP or a superseding notice or regulation, an EFP is effective for no longer than 1 year, unless revoked, suspended, or modified. EFPs may be renewed following the application procedures in this section. (g) Alteration. Any EFP that has been altered, erased, or mutilated is invalid. (h) Transfer. EFPs issued under subparts B through F of this part are not transferable or assignable. An EFP is valid only for the vessel(s) for which it is issued. (i) Inspection. Any EFP issued under subparts B through F of this part must be carried aboard the vessel(s) for which it was issued. The EFP must be presented for inspection upon request of any authorized officer. (j) Sanctions. Failure of the holder of an EFP to comply with the terms and conditions of an EFP, the provisions of subparts A through F of this part, any other applicable provision of this part, the Magnuson Act, or any other regulation promulgated thereunder, is grounds for revocation, suspension, or modification of the EFP with respect to all persons and vessels conducting activities under the EFP. Any action taken to revoke, suspend, or modify an EFP will be governed by 15 CFR part 904 subpart D. Other sanctions available under the statute will be applicable. (k) Protected species. Persons fishing under an EFP must report any incidental take or fisheries interaction with protected species on a form provided for that purpose. Reports must be submitted to the Regional Administrator within 3 days of arriving in port. § 665.18 Area restrictions.(a) Fishing is prohibited in all no-take MPAs designated in this section. (b) Anchoring by all fishing vessels over 50 ft (15.25 m) LOA is prohibited in the U.S. EEZ seaward of the Territory of Guam west of 144°30' E. long. except in the event of an emergency caused by ocean conditions or by a vessel malfunction that can be documented. (c) MPAs —(1) No-take MPAs. The following U.S. EEZ waters are no-take MPAs: (i) Landward of the 50-fathom (fm) (91.5-m) curve at Jarvis, Howland, and Baker Islands, and Kingman Reef; as depicted on National Ocean Survey Chart Numbers 83116 and 83153; (ii) Landward of the 50-fm (91.5-m) curve around Rose Atoll, as depicted on National Ocean Survey Chart Number 83484. (2) Low-use MPAs. The following U.S. EEZ waters in the Western Pacific Region are low-use MPAs: (i) All waters between the shoreline and the 50-fm (91.5-m) curve around Johnston Atoll, Palmyra Atoll, and Wake Island as depicted on National Ocean Survey Chart Numbers 83637, 83157 and 81664. (ii) [Reserved] [69 FR 8343, Feb. 24, 2004] § 665.19 Vessel monitoring system.(a) Applicability. The holder of any of the following permits is subject to the vessel monitoring system requirements in this part: (1) Hawaii longline limited access permit issued pursuant to 665.21(b); (2) American Samoa longline limited entry permit, for vessel size Class C or D, issued pursuant to 665.21(c); (3) Vessels permitted to fish in Crustaceans Permit Area 1 VMS Subarea; or (4) CNMI commercial bottomfish permit, if the vessel is a medium or large bottomfish vessel, issued pursuant to 665.61(a)(5). (b) VMS unit. Only a VMS unit owned by NMFS and installed by NMFS complies with the requirement of this subpart. (c) Notification. After a permit holder subject to this part has been notified by the SAC of a specific date for installation of a VMS unit on the permit holder's vessel, the vessel must carry and operate the VMS unit after the date scheduled for installation. (d) Fees and charges. During the experimental VMS program, the holder of a permit subject to this part shall not be assessed any fee or other charges to obtain and use a VMS unit, including the communication charges related directly to requirements under this section. Communication charges related to any additional equipment attached to the VMS unit by the owner or operator shall be the responsibility of the owner or operator and not NMFS. (e) Permit holder duties. The holder of a permit subject to this part, and master of the vessel, must: (1) Provide opportunity for the SAC to install and make operational a VMS unit after notification. (2) Carry and continuously operate the VMS unit on board whenever the vessel is at sea. (3) Not remove, relocate, or make non-operational the VMS unit without prior approval from the SAC. (f) Authorization by the SAC. The SAC has authority over the installation and operation of the VMS unit. The SAC may authorize the connection or order the disconnection of additional equipment, including a computer, to any VMS unit when deemed appropriate by the SAC. [73 FR 75621, Dec. 12, 2008] Effective Date Note: At 73 FR 75621, Dec. 12, 2008, §665.19 was added. Paragraph (a)(4) contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget. Browse Previous | Browse Next
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