Fisheries Off West Coast States and in the Western Pacific; Coral
Reef Ecosystems Fishery Management Plan for the Western Pacific
[Federal Register: February 24, 2004 (Volume 69, Number 36)]
[Rules and Regulations]
[Page 8336-8349]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe04-18]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 660
[Docket No. 020508114-3291-02; I.D. 030702C]
RIN 0648-AM97
Fisheries Off West Coast States and in the Western Pacific; Coral
Reef Ecosystems Fishery Management Plan for the Western Pacific
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS publishes this final rule to implement the Fishery
Management Plan for Coral Reef Ecosystems of the Western Pacific Region
(CREFMP). The rule establishes a coral reef ecosystem regulatory area,
marine protected areas (MPAs), permitting and reporting requirements,
no-anchoring zone, gear restrictions, and a framework regulatory
process. This rule also pertains to the other four western Pacific
fishery management plans with respect to fishing activities in the U.S.
exclusive economic zone (U.S. EEZ) of the western Pacific region and
implements Amendment 10 to the Fishery Management Plan for the Pelagic
Fisheries of the Western Pacific Region (Pelagics FMP), Amendment 11 to
the Fishery Management Plan for the Crustacean Fisheries of the Western
Pacific Region (Crustaceans FMP), Amendment 7 to the Fishery Management
Plan for the Bottomfish and Seamount Groundfish Fisheries of the
Western Pacific Region (Bottomfish and Seamount Groundfish FMP), and
Amendment 5 to the Fishery Management Plan for the Precious Coral
Fisheries of the Western Pacific Region (Precious Corals FMP).
DATES: Effective March 25, 2004.
ADDRESSES: CD or paper copies of the CREFMP, Environmental Impact
Statement (EIS) for the CREFMP, regulatory impact review/final
regulatory impact flexibility analysis (RIR/FRFA) may be obtained from
Kitty M. Simonds, Executive Director, Western Pacific Fishery
Management Council (Council), 1164 Bishop Street, Suite 1400, Honolulu,
HI 96813. Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to Alvin Katekaru, Pacific Islands Region,
NMFS, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814. Comments
will not be accepted by NMFS if submitted via the Internet. Comments
may also be submitted by e-mail to David_Rostker@omb.eop.gov, or faxed
to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Council staff, at (808)
522-8220 or Alvin Katekaru at 808-973-2937.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is also accessible via the Internet at the Office
of the Federal Register's Web site at
http://www.gpoaccess.gov/fr/index.html.
Background
Coral reef ecosystem fisheries in federally managed waters of the
western Pacific U.S. EEZs are currently unregulated under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
The CREFMP would apply ecosystem principles to fisheries management to
conserve and protect coral reef fisheries, their ecosystems and
associated habitats in the Council's management area which includes
U.S. EEZ waters around American Samoa, Guam, Hawaii, Commonwealth of
the Northern Mariana Islands (CNMI) and the U.S. Pacific remote island
areas (PRIA).
On June 14, 2002, NMFS partially approved the CREFMP and parallel
amendments to the Council's management plans for the Bottomfish FMP,
Pelagics FMP, Precious Corals FMP, and the Crustaceans FMP. The CREFMP
was approved, except for that portion of the CREFMP that governs
fishing in waters of the U.S. EEZ around the Northwestern Hawaiian
Islands (NWHI) west of 16050' W. long. NMFS disapproved
a portion of the plan because it would be inconsistent with, or
duplicate, certain provisions of Executive Orders 13178 and 13196,
which together establish the NWHI Coral Reef Ecosystem Reserve
(Reserve), as authorized by section 6(g) of Public Law 106-513. The
Reserve encompasses a portion of the U.S. EEZ around the NWHI from the
seaward boundary of the State of Hawaii, out to a distance of 50
nautical miles (nm). Specifically, section 7(b)(5) of Executive Order
13178, one of two executive orders establishing the Reserve, prohibits
the harvest of almost all living and non-living resources throughout
the Reserve while the CREFMP would actively manage the same species
within the same geographical area.
On September 24, 2002, NMFS published a proposed rule (67 FR 59813)
for those provisions of the CREFMP that were approved by NMFS. These
provisions govern fishing activities in the coral reef ecosystem
regulatory area defined as waters of the U.S. EEZs around American
Samoa, Guam, Hawaii, (except for the waters of the U.S. EEZ around the
NWHI west of 16050' W. long.), CNMI (except for the
portion of the U.S. EEZ 0-3 nm off the coastline), and the remote U.S.
Pacific islands in the central Pacific Ocean, consisting of Kingman
Reef, Jarvis, Howland, Baker and Wake Islands and Johnston and Palmyra
Atolls. No-take and low-use MPAs are established in the coral reef
ecosystem regulatory area, where fishing for marine species is
prohibited and where only controlled harvest of CREFMP management unit
species is allowed with a special permit, respectively. Any person who
operates under a CREFMP special permit or transshipment permit in the
coral reef ecosystem regulatory area must record and submit catch and
effort data to NMFS. Large (£15.25 m or 50 ft in length)
fishing vessels are prohibited from anchoring on the offshore southern
banks located in the U.S. EEZ off Guam. The final rule also contains
gear restrictions, such as no spear fishing at night with SCUBA in the
U.S. EEZ off the remote U.S. Pacific islands, and establishes a
framework process to allow regulatory adjustments to the coral reef
ecosystem management program. Except for permitting and reporting
requirements that are unique to fishing for CREFMP management unit
species, the CREFMP regulations apply to fishing activities governed
under the other four existing western Pacific fishery management plans
for pelagics, crustaceans, bottomfish and seamount groundfish, and
precious corals.
The preamble to the proposed rule presented substantial background
information on the purpose and objectives of the CREFMP, description of
the principle management actions that would be implemented under the
CREFMP, and a summary of potential impacts resulting from the proposed
rule on small business entities. Also, the preamble presented
background information on NMFS' June 14, 2002, partial approval of the
CREFMP and parallel amendments to the Fishery Management Plan (FMP) for
the Bottomfish and Seamount Groundfish Fisheries of the Western Pacific
Region, FMP for the Pelagic Fisheries of the Western Pacific Region,
and FMP for the Precious Coral Fisheries of the Western Pacific Region.
Background information
[[Page 8337]]
may be found in the preamble to the proposed rule and is not presented
here.
NMFS will make technical corrections to 50 CFR 600.502 in Table 1
to include the address of the Regional Administrator for the new NMFS
Pacific Islands Region and Director of the new NMFS Pacific Islands
Fisheries Science Center. Corrections will also be made to Table 2 with
respect to the area of responsibility/fishery of the NMFS Pacific
Islands Regional Administrator.
NMFS will also make technical corrections to 50 CFR part 660
subpart B, subpart C, subpart D, subpart E, and subpart F to correct an
outdated title of an organization.
Comments and Responses
Comment 1: Two commenters requested that the final rule contain a
definition of the U.S. Pacific remote island areas (PRIA) and a
description of the various jurisdictions associated with the PRIA and
Rose Atoll in American Samoa, including maps depicting these areas
appearing in the CREFMP.
Response: NMFS published a definition of the PRIA (consisting of
Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland
Island, Johnston Atoll, Wake Island and Midway Atoll) in the Federal
Register on September 4, 2002 (67 FR 56501). This definition is
contained in Sec. 660.12 of 50 CFR part 660, subpart B. Regarding the
descriptions and maps of various jurisdictions in the PRIA and Rose
Atoll, the CREFMP and accompanying EIS contain nearly 40 pages of text
and tables, and 13 pages of maps describing and illustrating the
various jurisdictions and authorities in the PRIA. NMFS will make
available to fishermen in a ``small entity compliance guide'' maps
illustrating the jurisdictional authorities and description of the
management measures implemented by the final rule.
Comment 2: Several commenters questioned NMFS' authority to
implement management measures in certain waters of the U.S. EEZ within
the boundaries of National Wildlife Refuges (NWRs) in the Pacific
insular areas and the Naval Defensive Sea Area around Wake Island. They
requested that NMFS include language in the final rule stating that the
CREFMP management measures, as well as all other management measures
contained in other western Pacific FMPs, begin seaward of the outer
boundary of the NWRs and the Naval Defensive Sea Area around Wake Island.
Response: The Magnuson-Stevens Act authorizes NMFS to protect,
conserve, and manage fishery resources in the U.S. EEZ, including
Federal waters around the PRIA. For this reason, NMFS will not abdicate
its responsibilities to manage fishery resources in waters of the U.S.
EEZ within the boundaries of NWRs in the Pacific insular areas and the
Naval Defensive Sea Area around Wake Island. However, NMFS will
continue to work closely with the Council, Department of the Interior,
U.S. Fish and Wildlife Service (USFWS), and the Department of Defense
to protect fishery resources and marine habitats in waters of the U.S.
EEZ in the western Pacific region which encompasses the NWRs and the
Naval Defensive Sea Area around Wake Island. NMFS did not include the
requested language in the final rule. First, the FMP covers the entire
U.S. EEZ of the western Pacific region, except for the waters of the
U.S. EEZ around the NWHI west of 16050' W. long. and the
portion of the U.S. EEZ 0-3 nm off the coastline of CNMI. Second, it is
not uncommon for multiple agencies to be vested with concurrent
authority to manage resources in the same areas. As stated above, NMFS
will continue to work closely with the Council, Department of the
Interior, USFWS, and the Department of Defense to protect fishery
resources and marine habitats in waters of the U.S. EEZ in the western
Pacific region which encompasses the NWRs and the Naval Defensive Sea
Area around Wake Island.
Comment 3: Several commenters requested that the final rule include
language to prohibit fishing in all no-take MPAs established under the
CREFMP, and within the boundaries of Palmyra Atoll NWR, Kingman Reef
NWR, Johnston Atoll NWR, Rose Atoll NWR, Baker Island NWR, Howland
Island NWR, and Jarvis Island NWR, unless authorized by the USFWS.
Response: The final rule prohibits fishing in all no-take MPAs. The
final rule also prohibits fishing activities, governed under 50 CFR
part 660 subpart J, within the boundary of a NWR unless specifically
authorized by the Secretary of the Interior, regardless of whether that
refuge was established by action of the President or the Secretary of
the Interior.
Comment 4: Several commenters requested that the final rule should
include language stating that the NWHI bottomfish fishery is also
governed by Executive Orders 13178 and 13196 that specify, among other
things, catch and effort limits, boundary limits, and gear type limits.
Response: Executive Orders 13178 and 13196 are currently in effect,
including Reserve Preservation Areas and certain other conservation
measures that either completely prohibit fishing or allow fishing in
accordance with restrictions that are applicable in the Reserve. The
CREFMP does not contain these measures and therefore they are not
included in this final rule.
Comment 5: Several commenters recommended that fishing vessels be
required to post bonds to mitigate adverse impacts to coral reef
ecosystem resources in the event of vessel groundings. Also, vessels
should be required to operate 24-hour vessel monitoring systems (VMS)
by which vessel positions can be tracked when approaching an MPA or
reef, bank or atoll.
Response: The Council proposed an insurance requirement for all
vessels managed under the western Pacific FMPs while operating in or
transiting through coral reef ecosystem MPAs. This was intended to
mitigate reef damage in the event of vessel groundings or oil spills,
including coverage of costs due to wreck removals and reef recovery
activities. The CREFMP however did not provide sufficient details on
administering and implementing this complex and novel approach to
mitigation. However, NMFS is working with the Council and other
agencies to develop appropriate strategies, including a measure on
vessel insurance, to protect and restore coral reef ecosystem resources
from vessel groundings or oil spills.
VMS has proven to be a viable technology and effective tool in
fisheries management. VMS is currently required on all Hawaii-based
pelagic longline fishing vessels. Although it is a valuable monitoring
tool, because logistics and management needs may differ among fisheries
and geographical areas, it is necessary that NMFS work with the
Council, U.S. Coast Guard, USFWS, U.S. Pacific islands marine resource
agencies, and the fishing industry to evaluate the cost-effectiveness
and feasibility of requiring VMS for western Pacific fisheries
operating in and around coral reef ecosystems.
Comment 6: One commenter recommended that the final rule should
contain measures to prevent the introduction of invasive species to
NWRs and measures to eradicate invasive species and recover habitats,
if they are accidentally introduced by fishing vessels.
Response: NMFS recognizes that invasive species pose a serious
threat to remote Pacific island coral reef ecosystems such as the PRIA
and also is aware that all vessels, including fishing vessels, can
serve as carriers of invasive species. Given that fishing in the PRIA
is minimal at this time and that the USFWS already has measures to
mitigate invasive species introductions
[[Page 8338]]
by any person upon entry into NWRs, additional regulatory measure to
prevent invasive species introductions by FMP-permitted vessels are not
necessary at this time. Nonetheless, NMFS will work with the Council,
USFWS, and other Federal and state marine resource agencies to develop
comprehensive invasive species mitigation measures for all vessels
transiting through the western Pacific region.
Comment 7: One commenter recommended that in addition to the
fishermen reports, NMFS observers should be placed on federally-
permitted fishing vessels to collect representative harvest data used
to calculate fishery production yields.
Response: NMFS agrees and will consider implementing such a
program. The NMFS Pacific Islands Region Observer Program is one of the
primary means for collecting catch data from U.S. commercial fishing
and processing vessels. The other programs are fishery-dependent data
collected by other U.S. Pacific island marine resource management
authorities. The mandatory placement of observers on fishing vessels
must be considered in terms of safety issues and cost-effectiveness
relative to the level of coverage and information required for analysis
and management. For example, it would be inappropriate to place
observers on small vessels (<10.67 m or 35 ft in length) due to safety
concerns. As appropriate, NMFS will evaluate the need for observer
coverage for vessels fishing for coral reef ecosystem resources and, in
consultation with the Council, may consider implementing such a program
in the future.
Comment 8: Several commenters said the CREFMP is inconsistent with
the guidance provided by the Ecosystem Principles Advisory Panel (EPAP)
on ecosystem-based fishery management because the CREFMP exempts
species managed under other FMPs.
Response: NMFS disagrees. The CREFMP is the first ecosystem-based
management plan for fisheries developed in the U.S. and incorporates
many of the basic principles, goals, and policies for ecosystem-based
management outlined by the EPAP. The CREFMP is a first step to fully
integrating the EPAP guidance on ecosystem-based management for western
Pacific FMPs and marks the initial phase for development of fishery
ecosystem plans as recommended by EPAP. It is the goal of NMFS and the
Council to incorporate ecosystem approaches into the regulatory
structure of the current western Pacific bottomfish, pelagic, precious
coral, and crustacean FMPs.
Comment 9: Two commenters expressed concern over the Council's
intent to designate 49 species of fish as bottomfish management unit
species (BMUS).
Response: Although not an action under the CREFMP, the Council
recommended that 49 species of fish be designated as BMUS. The basis
for this recommendation is that fishery surveys and reports show that
these 49 species are being harvested in the Guam and CNMI bottomfish
fisheries. Also, since catch and effort data are presently being
collected on these 49 species, it is appropriate to continue monitoring
harvest of these species as BMUS under the bottomfish FMP.
Comment 10: One commenter stated that the use of the mixed stock
exception would allow overfishing of individual species, contrary to
the National Standard Guidelines under the Magnuson-Stevens Act.
Overfishing of any species managed under the CREFMP should be
specifically prohibited.
Response: The Magnuson-Stevens Act allows several stocks of fish
which are harvested together to be managed as a unit. The National
Standard Guidelines provide specific guidance to prevent overfishing of
any fishery resource. However, the National Standard Guidelines also
allows for a mixed stock fishery to continue even if overfishing of one
stock in that fishery is occurring. Overfishing of one stock in a mixed
stock fishery is allowed if three conditions specified in the
guidelines are met: (1) The action will result in long-term net
benefits to the Nation; (2) a similar level of benefits cannot be
achieved by modifying fleet behavior, gear selection or configuration,
or other technical characteristic so that no overfishing would occur;
and (3) the action will not cause any species or evolutionarily
significant unit thereof to require protection under the Endangered
Species Act. The CREFMP establishes formats and methods for defining
overfishing definitions, maximum sustainable yield (MSY) control rules
and reference points for coral reef ecosystem management unit species.
NMFS recognizes that there is incomplete or no information available to
evaluate the stock status for virtually all of the coral reef ecosystem
management unit species, however, the definitions of overfishing in the
plan will be revised accordingly when new information indicates that
catch-per-unit-effort (CPUE), as an index for abundance, is found to be
deficient in reflecting true abundance.
Comment 11: One commenter stated that CPUE should not be used as
the primary data source for determining allowable exploitation rates or
biomass reference points such as minimum stock size threshold (MSST)
and that methods for determining MSY, optimum yield, and MSST should be
made more precautionary.
Response: NMFS agrees that ideally CPUE would not be used as the
primary data source for determining allowable exploitation rates or
biomass reference points. However, there is a paucity of information on
life histories, spawning biomass, fishing mortality, natural mortality,
and ecological relationships of coral reef ecosystem resources covered
by the CREFMP. As such, standardized CPUE and effort data represent the
best information available at this time and were used to establish
limits and reference point values consistent with the National Standard
Guidelines. NMFS agrees that additional work needs to be conducted on
western Pacific coral reef ecosystem fishery resources to improve
estimates of biological parameters for the purpose of determining
allowable exploitation rates. The CREFMP identifies region-specific
research needs necessary for improving the information base on coral
reef ecosystems for management.
Comment 12: One commenter requested clarification on the intent of
the Council to include in the list of coral reef ecosystem management
unit species, all species of cephalopods, including those that do not
inhabit the coral reef ecosystem (water column and substrate within
waters less than 50 fathoms in total depth). The commenter noted that
the CREFMP lists the entire Class Cephalopoda (squid/octopus), as
Potentially Harvested Coral Reef Taxa (PHCRT) which apparently would
require a special permit issued by NMFS for harvesting any and all
species of cephalopods. The commenter also recommended that three
species of pelagic cephalopods be excluded from the PHCRT as they do
not meet the definition of coral reef ecosystem management unit species
as defined in the proposed rule published in the Federal Register on
September 24, 2002 (67 FR 59813).
Response: NMFS agrees that species that inhabit the pelagic
ecosystem for their entire life history are not considered as coral
reef ecosystem management unit species. The proposed rule, published in
the Federal Register on September 24, 2002 (67 FR 59813), clarified
that CREFMP management unit species are those taxa listed in Table 1.2
and 1.3 of the CREFMP that spend the majority of their non-pelagic (post-
[[Page 8339]]
settlement) life stages within waters less than or equal to 50 fathoms
in total depth. NMFS believes this definition is consistent with the
intent of the Council and provides adequate clarification for the
purpose of permit and reporting requirements under the CREFMP.
Therefore, pelagic species of cephalopods are not coral reef ecosystem
management unit species. Similarly, species that inhabit deep demersal
marine ecosystems do not meet the CREFMP management unit species
definition, are not meant to be managed under the CREFMP and should
also be excluded from the PHCRT. In developing the coral reef ecosystem
management unit species list, in particular the PHCRT list, the Council
recognized the challenge involved in listing literally thousands of
coral reef ecosystem species, and thus, chose to rely on a more general
taxonomic classification scheme for certain groups of organisms to
ensure that all coral reef ecosystem species, including those not yet
described by science, could be managed under the CREFMP. To aid
fishermen, NMFS will be issuing compliance guides on the CREFMP,
including the Currently Harvested Coral Reef Taxa (CHCRT) and PHCRT.
Additionally, these guides will provide further clarification on permit
requirements and permit issuance among other regulatory and procedural
requirements. Beyond this, NMFS, in consultation with the Council, will
address specific inquiries on permit requirements on a case-by-case basis.
Changes From the Proposed Rule
This final rule contains changes to the regulatory text from the
proposed rule. Throughout subpart J, the words ``PIAO Administrator''
which means Pacific Islands Area Office Administrator, is deleted and
replaced with the words ``Regional Administrator.''
In Sec. 660.12, Definitions, the words ``Currently Harvested Coral
Reef Ecosystem MUS'', and ``Potentially Harvested Coral Reef Ecosystem
MUS'' are deleted and replaced by the words ``Currently Harvested Coral
Reef Taxa'' and ``Potentially Harvested Coral Reef Taxa.'' These terms,
which describe the two categories of Coral Reef Ecosystem management
unit species, are identical to the terms used in Table 1.2 and Table
1.3 of the CREFMP. This change is also made in Sec. 660.602(a)(1)(ii);
Sec. 660.602(a)(2) and; Sec. 660.602(a)(3)(ii).
In 50 CFR part 660, subpart J, Sec. 660.601 (Relation to other
laws), the word ``Secretary of Commerce'' is deleted and replaced by
the ``Secretary of the Interior'', as the subject pertains to national
wildlife refuges administered by the Department of the Interior. Also,
in this paragraph, immediately following the words ``National Wildlife
Refuge'', text is added to state ``unless specifically authorized by
the U.S. Fish and Wildlife Service,''. This new language clarifies that
fishing authorized under subpart J is not allowed within the boundaries
of a national wildlife refuge, unless specifically authorized by the
U.S. Fish and Wildlife Service.
In Sec. 660.602(a)(3)(i), Exemptions, the first sentence is
deleted and replaced with the following: ``Any person issued a permit
to fish under the Bottomfish and Seamount Groundfish FMP, Pelagics FMP,
Crustaceans FMP or Precious Corals FMP who incidentally catches coral
reef ecosystem MUS while fishing for bottomfish management unit
species, crustaceans management unit species, Pacific pelagic
management unit species, precious coral, or seamount groundfish.''
This change is being made for three reasons. First, all persons
issued a permit under the Bottomfish and Seamount Groundfish FMP,
Pelagics FMP, Crustaceans FMP or Precious Corals FMP are already
required to maintain accurate and complete records of catch, including
any incidental catch of coral reef ecosystem MUS. Therefore, these
persons will be exempted from the special permit requirement. Second,
the word ``targeting'' is an ambiguous term and may not clearly convey
the activity of fishing. Replacing this term with ``fishing for'',
which is defined in 50 CFR 600.10, clearly conveys the intent or act of
fishing. Third, the words ``MUS listed under a separate FMP'' is also
ambiguous because it does not define to which MUS this exemption
pertains. Replacing these words with four specific fishery management
units as defined in 50 CFR 660.12 provides this clarity. Additionally,
in the next sentence of this paragraph, the word ``targeting'' is again
replaced with the words ``fishing for'' for the same reason previously
explained above. Replacement of the word ``targeting'' with ``fishing
for'' is also made in Sec. 660.602(a)(3)(ii). Also in Sec.
660.602(a)(3)(i) Exemptions, the second sentence beginning with, ``It
will be considered a rebuttable presumption * * * '', is deleted in its
entirety. The intent of the special permit requirement is to ensure
that fisheries data is collected while fishing in any designated low-
use MPA and while fishing for and retaining PHCRT. As clarified above,
persons issued a permit under the Bottomfish and Seamount Groundfish
FMP, Pacific Pelagic FMP, Crustacean FMP or Precious Coral FMP are
already required to maintain accurate and complete records of catch,
including any incidental catch of coral reef ecosystem MUS. However, in
determining whether a person is primarily fishing for coral reef
ecosystem MUS or bottomfish management unit species, crustaceans
management unit species, Pacific pelagic management unit species,
precious coral, or seamount groundfish, the Council, as a general rule
of thumb, considers that such person is fishing for coral reef
ecosystem MUS if the total weight or number of pieces of landed coral
reef ecosystem MUS comprise more than 20 percent of the total landed
weight or number of pieces, respectively, on any one trip. If, during
processing of fisheries information, it is determined that such
threshold has been exceeded by a Bottomfish and Seamount Groundfish
FMP, Pelagics FMP, Crustaceans FMP or Precious Corals FMP permitted
fisher, NMFS, the Coral Reef Ecosystem Plan Team, the relevant FMP Plan
Team, and the affected local jurisdiction will, through a multi-agency
and plan team coordination process, discuss and identify appropriate
action for the Council to consider.
In Sec. 660.602 (a)(3)(d), the entire paragraph beginning with
``Low use MPAs special permits'' until ``specified in this section.''
is deleted and replaced with, ``Special permit. The Regional
Administrator shall issue a special permit in accordance with the
criteria and procedures specified in this section.''. The original
language contained in the preamble was redundant with the language
stated in Sec. 660.602(a)(1), Sec. 660.602(a)(2) and Sec.
660.602(a)(3) which describes the applicability of the special permit
requirement.
In 50 CFR Sec. 660.608(c), following ``and 142 E.''
the phrase ``long., 16 N. lat.'' is added. The inclusion
of this phrase makes accurate the location of the line intersecting the
outer boundary of the U.S. EEZ between CNMI and Guam regulatory area.
Classification
The Administrator, Pacific Islands Region, NMFS, determined that
the final rule is consistent with the CREFMP, as partially approved on
June 14, 2002, the national standards, other provisions of the
Magnuson-Stevens Act, and other applicable laws.
The Council prepared a final environmental impact statement for the
CREFMP; a notice of availability was published on May 10, 2002 (67 FR
31801). On June 14, 2002, in partially approving the CREFMP, NMFS issued a
[[Page 8340]]
Record of Decision identifying the selected alternative, a variation of
the preferred alternative in the EIS. The intent of the partially
approved CREFMP and its implementing regulations (i.e., selected
alternative) is to prevent adverse impacts to the environment before
they occur. This final rule is intended to maintain the sustainability
of target and non-target coral reef ecosystem species; safeguard
against substantial damage to the ocean and coastal habitats and/or
essential fish habitat; protect endangered or threatened species,
marine mammals, and critical habitat; help ensure public health and
safety; prevent the occurrence of cumulative adverse effects that could
have a substantial impact on target or non-target coral reef ecosystem
species; promote biodiversity and ecosystem stability; and minimize, if
not eliminate, negative social or economic impacts.
This final rule has been determined to be significant for the
purposes of Executive Order 12866.
The Council prepared a FRFA describing the impact of the action on
small entities. It incorporates the Initial Regulatory Flexibility
Analysis (IRFA), the comments and responses to the proposed rule, and a
summary of the analyses completed to support this action.
The following is a summary of the FRFA. The need for and objective
of this final rule are stated in the summary and supplementary
information sections of this notice and are not repeated here. None of
the comments received on the proposed rule addressed the economic
impacts of the rule.
Both large and small vessels affected by the final rule are
considered to be ``small entities'' under guidelines issued by the
Small Business Administration because they are independently owned and
operated and have annual receipts not in excess of $3.5 million. Based
on information provided in the FRFA, this rule would potentially affect
24 to 63 small entities, including commercial harvesters of food fish,
ornamental fish collectors, charter sportsfishing operations, and
research entities. It is difficult to predict how many entities would
alter their planned operations by fishing in state waters or moving to
other target species to avoid applying for special permits and
complying with increased reporting requirements under this final rule.
However, as a rough estimate, NMFS expects that approximately five
special permit applications may be received each year.
It is estimated that the costs to these small entities will
primarily consist of a special permit application fee of between $50
and $100 per application. It is not anticipated that additional small
entities (beyond those mentioned above) will be affected by the final
rule, as most MPAs are far from inhabited areas and the majority of
other fisheries operate outside of MPA waters utilizing gears that
would continue to be allowed under this rule. However, small entities
using fish or crab traps to target coral reef ecosystem management unit
species throughout the coral reef ecosystem regulatory area will be
required to affix identification markers to each trap on board a vessel
or deployed in the water. Based on similar requirements in other
fisheries, the cost of this requirement is anticipated to be minimal,
as identification markings may be inexpensively made using permanent
ink, paint, or dye. Other, non-quantifiable, potential costs include
revenue impacts resulting from the implementation of no-take MPAs.
These no-take MPAs are anticipated to have minimal impacts on small
entities as sufficient fishing areas remain open to accommodate their
displaced effort. This action has information collection requirements
that are addressed elsewhere in this classification section.
Several alternatives to the measures in the final rule are examined
in the FRFA. The first alternative is the no action alternative which
would not impose any economic costs on small entities. This alternative
was rejected on the basis that it could lead to unsustainable levels of
fishing effort and eventual degradation of coral reef ecosystems and
their component resources. The second alternative examined is similar
to the preferred alternative with the following exceptions: It would
not designate any no-take MPAs (low-use MPAs would be designated); it
would not prohibit spearfishing at night with SCUBA/hookah gear for
coral reef ecosystem management unit species; and it would not prohibit
the harvesting of live rock or coral throughout the coral reef
ecosystem regulatory area. This alternative was also rejected because
it would not provide adequate protection to coral reef ecosystems or
their component resources. Finally, the third alternative examined
would designate no-take MPAs out to 100 fathoms around all western
Pacific islands and atolls (no low-use MPAs would be designated);
require general permits for harvesting CHCRT and special permits for
harvesting PHCRT in waters of the U.S. EEZ of the western Pacific
region; prohibit spearfishing at night with SCUBA or a hookah and
prohibit the take of live rock or coral. This alternative was rejected
on the basis that it would unnecessarily impede the sustainable use of
coral reef ecosystem resources, while the preferred alternative would
provide adequate conservation and protection for these resources. A
copy of this analysis is available from the Council (see ADDRESSES).
Section 212 of the Small Business Regulatory Enforcement and
Fairness Act of 1996 states that, for each rule or group of related
rules for which an agency is required to prepare a FRFA, the agency
shall publish one or more guides to assist small entities in complying
with the rule, and shall designate such publications as ``small entity
compliance guides.'' The agency shall explain the actions a small
entity is required to take to comply with the rule or group of rules.
Copies of this final rule and the guide may be obtained from the
Pacific Islands Regional Office.
This rule contains collection-of-information requirements subject
to the Paperwork Reduction Act (PRA). These collections were approved
by OMB with the following control numbers and response times: Control
Number 0648-0360 for marking fishing gear (2 minutes); 0648-0462 for an
at-sea notification (3 minutes), for a logbook (30 minutes per day),
and for transhipment reporting (15 minutes per day); and 0648-0463 for
a permit application (2 hours) and a permit appeal (3 hours). These
response time estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Written comments regarding the burden-hour estimates or other aspects
of the collection-of-information requirements contained in this final
rule may be submitted to Alvin Katekaru, Pacific Islands Region, NMFS,
1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814, and by e-mail to
David_Rostker@omb.eop.gov, or faxed to (202) 395-7285.
Notwithstanding any other provisions of the law, no person is
required to respond to, and no person shall be subject to penalty to
comply with, a collection of information subject to the requirement of
the PRA, unless that collection of information displays a currently
valid OMB control number.
An informal consultation under the Endangered Species Act was
concluded for the CREFMP on March 7, 2002. As a result of the informal
consultation, the NMFS Regional Administrator determined that fishing
activities conducted under this rule are not likely to affect adversely
endangered or threatened species or critical habitat
[[Page 8341]]
under NMFS's jurisdiction. On May 22, 2002, the USFWS concurred with
the determination of NMFS that the activities conducted under this rule
are not likely to adversely affect listed species under USFWS's
exclusive jurisdiction (i.e., seabirds and terrestrial plants) and
listed species shared with NMFS (i.e., sea turtles).
This final rule is consistent with Executive Order 13089, which is
intended to preserve and protect the biodiversity, health, and social
and economic value of the U.S. coral reef ecosystems and the marine
environment.
List of Subjects
50 CFR Part 600
Fisheries, Fishing.
50 CFR Part 660
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaiian natives, Indians, Northern Mariana Islands, and
Reporting and recordkeeping requirements.
Dated: February 17, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 600 and 660 are
amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
? 1. The authority citation for part 600 is revised to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
? 2. In Sec. 600.502, a new address is added at the end of Table 1 and
the last row of Table 2 is revised to read as follows:
Sec. 600.502 Vessel reports.
* * * * *
Table 1 to Sec. 600.502.--Addresses
------------------------------------------------------------------------
NMFS science and U.S. Coast Guard
NMFS regional administrators research directors commanders
------------------------------------------------------------------------
* * * * * * *
-----------------------------
Administrator, Pacific Director, Pacific Commander,
Islands Region, National Islands Fisheries Fourteenth Coast
Marine Fisheries Service, Science Center, Guard District, 300
NOAA, 1601 Kapiolani Blvd., National Marine Ala Moana Blvd.,
Suite 1110, Honolulu, HI Fisheries Service, Honolulu, HI 96850.
96814. NOAA, 2570 Dole
Street, Honolulu,
HI 96822.
------------------------------------------------------------------------
Table 2 to Sec. 600.502.--Areas of Responsibility of NMFS and U.S.
Coast Guard Offices
------------------------------------------------------------------------
Area of responsibility/ National Marine
fishery Fisheries Service U.S. Coast Guard
------------------------------------------------------------------------
* * * * * * *
-----------------------------
Pacific Ocean off Hawaii, Administrator, Commander,
American Samoa, Guam, Pacific Islands Fourteenth Coast
Commonwealth of the Region. Guard District.
Northern Mariana Islands,
and U.S. Insular
Possessions in the Central
and Western Pacific.
------------------------------------------------------------------------
* * * * *
PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN
PACIFIC
? 3. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
? 4. In Sec. 660.11, paragraph (b) is revised, and a new paragraph (c)
is added to read as follows:
Sec. 660.11 Purpose and scope.
* * * * *
(b) Regulations specific to individual fisheries are included in
subparts C, D, E, F, and J of this part.
(c) Nothing in subparts C, D, E, F, and J of this part is intended
to supercede any valid state or Federal regulations that are more
restrictive than those published here.
? 5. Section 660.12 is amended by revising the introductory text and the
definitions for ``Pacific pelagic management unit species'' and
``Regional Administrator'; and adding definitions for the
``Commonwealth of the Northern Mariana Islands (CNMI)'', ``CNMI
offshore area'', ``Coral reef ecosystem management unit species'',
``Coral reef ecosystem regulatory area'', ``Currently harvested coral
reef taxa'', ``Hookah breather'', ``Live rock'', ``Low use marine
protected area'', ``No-take MPA'', ``Potentially harvested coral reef
taxa(PHCRT)'', and ``Special permit'', alphabetically to read as follows:
Sec. 660.12 Definitions.
In addition to the definitions in the Magnuson-Stevens Act, and in
Sec. 600.10, the terms used in subparts B through F and subpart J of
this part have the following meanings:
* * * * *
Commonwealth of the Northern Mariana Islands (CNMI) means Northern
Mariana Islands.
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.
* * * * *
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
[[Page 8342]]
EEZ waters 0-3 miles around the CNMI, and EEZ waters around the NWHI
west of 16050' W. long.
* * * * *
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.
* * * * *
Hookah breather means a tethered underwater breathing device that
pumps air from the surface through one or more hoses to divers at depth.
* * * * *
Live rock means any natural, hard substrate, including dead coral
or rock, to which is attached, or which supports, any living marine
life-form associated with coral reefs.
* * * * *
Low use marine protected area (MPA) means an area of the U.S. EEZ
where fishing operations have specific restrictions in order to protect
the coral reef ecosystem, as specified under area restrictions.
* * * * *
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.
* * * * *
Pacific Pelagic Management Unit Species means the following fish:
------------------------------------------------------------------------
Common name Scientific name
------------------------------------------------------------------------
Mahimahi (dolphinfish)................ Coryphaena spp.
Indo-Pacific blue marlin.............. Makaira mazara
Black marlin.......................... M. indica
Striped marlin........................ Tetrapturus audax
Shortbill spearfish................... T. angustirostris
Swordfish............................. Xiphias gladius
Sailfish.............................. Istiophorus platypterus
Pelagic thresher shark................ Alapias pelagicus
Bigeye thresher shark................. Alopias
Common thresher shark................. Alopias vulpinus
Silky shark........................... Carcharhinus falciformis
Oceanic whitetip shark................ Carcharhinus longimanus
Blue shark............................ Prionace glauca
Shortfin mako shark................... Isurus oxyrinchus
Longfin mako shark.................... Isurus paucus
Salmon shark.......................... Lamna ditropis
Albacore.............................. Thunnus alalunga
Bigeye tuna........................... T. obesus
Yellowfin tuna........................ T. albacore
Northern bluefin tuna................. T. thynnus
Skipjack tuna......................... Katsuwonus pelamis
Kawakawa.............................. Euthynnus affinis
Wahoo................................. Acanthocybium solandri
Moonfish.............................. Lampris spp.
Oilfish family........................ Gempylidae
Pomfret............................... family Bramidae
Other tuna relatives.................. Auxis spp., Scomber spp.;
Allothunus spp.
------------------------------------------------------------------------
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.
* * * * *
Regional Administrator means Director, Pacific Islands Region, NMFS
(see Table 1 of Sec. 600.502 for address).
* * * * *
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.
* * * * *
? 6. In Sec. 660.13, paragraph (a), the first sentence of paragraph
(c)(1), the first and second sentences of paragraph (c)(2), and
paragraphs (e), (f)(2), and (g)(1) are revised to read as follows:
Sec. 660.13 Permits and fees.
(a) Applicability. The requirements for permits for specific
Western Pacific fisheries are set forth in subparts C, D, E, F and J of
this part.
* * * * *
(c) Application. (1) A Pacific Island Region Federal fisheries
permit application form may be obtained from the Pacific Island Region
Office (PIRO) to apply for a permit or permits to operate in any of the
fisheries regulated under subparts C, D, E, F, and J of this part. * * *
(2) A minimum of 15 days 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 should be allowed for processing a permit
application for fisheries under subpart J of this part. * * *
* * * * *
(e) Issuance. (1) After receiving a complete application, the
Regional Administrator will issue a permit to an applicant who is
eligible under Sec. Sec. 660.21, 660.41, 660.61, and 660.81.
(2) After receiving a complete application, the Regional
Administrator may issue a special permit in accordance with Sec.
660.601(d)(3).
(f) * * *
(2) PIRO will charge a fee for each application for a Hawaii
longline limited access permit, a Mau zone limited access permit, and a
coral reef
[[Page 8343]]
ecosystem special permit (including permit transfers and permit
renewals). 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. 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 issuance of any of the permits listed in this section.
(g) Expiration. (1) Permits issued under subparts C, D, E, F, and J
of this part are valid for the period specified on the permit unless
transferred, revoked, suspended, or modified under 15 CFR part 904.
* * * * *
? 7. In Sec. 660.14, paragraphs (a), (b), and (g) are revised and
paragraph (f)(4) is added to read as follows:
Sec. 660.14 Reporting and recordkeeping.
(a) Fishing record forms. The operator of any fishing vessel
subject to the requirements of Sec. Sec. 660.21, 660.41, 660.81, or
660.602 must maintain on board the vessel an accurate and complete
record of catch, effort and other data on report forms provided by the
Regional Administrator. All information specified on the forms must be
recorded on the forms within 24 hours after completion of each fishing
day. Each form must be signed and dated by the fishing vessel operator.
For the fisheries managed under Sec. Sec. 660.21, 660.41, and 660.81,
the original logbook form for each day of the fishing trip must be
submitted to the Regional Administrator within 72 hours of each landing
of MUS. For the fisheries managed under Sec. 660.601, the original
logbook form for each day of the fishing trip must be submitted to the
Regional Administrator within 30 days of each landing of MUS.
(b) Transshipment logbooks. Any person subject to the requirements
of Sec. 660.21(c) or Sec. 660.602(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.
* * * * *
(f) * * *
(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 J of this part must make
those records immediately available for Federal inspection and copying
upon request by an authorized officer as defined in Sec. 600.10 of
this chapter of this chapter
(g) State reporting. Any person who has a permit under Sec.
660.21, 660.61, or 660.601 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 J of this
part must maintain and submit those records in the exact manner
required by state laws and regulations.
? 8. In Sec. 660.15, paragraphs (f) and (k) are revised and a new
paragraph (l) is added to read as follows:
Sec. 660.15 Prohibitions.
* * * * *
(f) Fail to affix or maintain vessel or gear markings, as required
by Sec. Sec. 660.16, 660.24, 660.47, and 660.605.
* * * * *
(k) Fail to notify officials as required in Sec. Sec. 660.23,
660.28, 660.43, 660.63, and 660.603.
(l) Fish for, take or retain within a no-take MPA, defined in Sec.
660.18, any bottomfish management unit species, crustacean management
unit species, Pacific pelagic management unit species, precious coral,
seamount groundfish or coral reef ecosystem MUS.
? 8a. In subpart B, Sec. 660.18 is added to read as follows:
Sec. 660.18 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
14430' 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]
? 9. A new subpart J is added to read as follows:
Subpart J--Western Pacific Coral Reef Ecosystem Fisheries
Sec.
660.601 Relation to other laws 660.602 Permits and fees.
660.603 Prohibitions.
660.604 Notifications.
660.605 Allowable gear and gear restrictions.
660.606 Gear identification.
660.607 Framework for regulatory adjustments.
660.608 Regulatory area.
660.609 Annual reports.
Subpart J--Western Pacific Coral Reef Ecosystem Fisheries
Sec. 660.601 Relation to other laws.
To ensure consistency between the management regimes of different
Federal agencies with shared management responsibilities of fishery
resources within the Coral reef ecosystem regulatory area, fishing
authorized under this subpart 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.
Sec. 660.602 Permits and fees.
(a) Applicability. Unless otherwise specified in this subpart,
Sec. 660.13 applies to coral reef ecosystem permits.
(1) Special permit. Any person of the United States fishing for,
taking or retaining coral reef ecosystem MUS must have a special permit
if they, or a vessel which they operate, is used to fish for any:
(i) Coral reef ecosystem MUS in low-use MPAs as defined in Sec.
660.18;
(ii) Potentially Harvested Coral Reef Taxa in the coral reef
ecosystem regulatory area; or
(iii) Coral reef ecosystem MUS in the coral reef ecosystem
regulatory area with any gear not specifically allowed in this subpart.
(2) Transshipment permit. A receiving vessel must be registered for
use with a
[[Page 8344]]
transshipment permit if that vessel is used in the coral reef ecosystem
regulatory area to land or tranship PHCRT, or any coral reef ecosystem
MUS 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 the Bottomfish and
Seamount Groundfish FMP, Pelagics FMP, Crustaceans FMP or Precious
Corals FMP who incidentally catches coral reef ecosystem MUS while
fishing for bottomfish management unit species, crustaceans management
unit species, Pacific pelagic management unit species, precious coral,
or seamount groundfish.
(ii) Any person fishing for CHCRT outside of an MPA, who does not
retain any incidentally caught PHCRT; and
(iii) Any person collecting marine organisms for scientific
research as described in Sec. 600.745 of this chapter.
(b) Validity. Each permit will be valid for fishing only in the
fishery management subarea specified on the permit.
(c) General requirements. General requirements governing
application information, issuance, fees, expiration, replacement,
transfer, alteration, display, sanctions, and appeals for permits are
contained in Sec. 660.13.
(d) Special permit. The Regional Administrator shall issue a
special permit in accordance with the criteria and procedures specified
in this section.
(1) Application. An applicant for a special or transshipment permit
issued under this section must complete and submit to the Regional
Administrator, a Special Coral Reef Ecosystem Fishing Permit
Application Form issued by NMFS. Information in the application form
must include, but is not limited to a statement describing the
objectives of the fishing activity for which a special permit is
needed, including a general description of the expected disposition of
the resources harvested under the permit (i.e., stored live, fresh,
frozen, preserved; sold for food, ornamental, research, or other use,
and a description of the planned fishing operation, including location
of fishing and gear operation, amount and species (directed and
incidental) expected to be harvested and estimated habitat and
protected species impacts).
(2) Incomplete applications. The Regional Administrator may request
from an applicant additional information necessary to make the
determinations required under this section. An applicant will be
notified of an incomplete application within 10 working days of receipt
of the application. An incomplete application will not be considered
until corrected in writing.
(3) Issuance. (i) If an application contains all of the required
information, the Regional Administrator will forward copies of the
application within 30 days to the Council, the U.S. Coast Guard, the
fishery management agency of the affected state, and other interested
parties who have identified themselves to the Council, and the USFWS.
(ii) Within 60 days following receipt of a complete application,
the Regional Administrator will consult with the Council through its
Executive Director, USFWS, and the Director of the affected state
fishery management agency concerning the permit application and will
receive their recommendations for approval or disapproval of the
application based on:
(A) Information provided by the applicant,
(B) The current domestic annual harvesting and processing capacity
of the directed and incidental species for which a special permit is
being requested,
(C) The current status of resources to be harvested in relation to
the overfishing definition in the FMP,
(D) Estimated ecosystem, habitat, and protected species impacts of
the proposed activity, and
(E) Other biological and ecological information relevant to the
proposal. The applicant will be provided with an opportunity to appear
in support of the application.
(iii) Following a review of the Council's recommendation and
supporting rationale, the Regional Administrator may:
(A) Concur with the Council's recommendation and, after finding
that it is consistent with the goals and objectives of the FMP, the
national standards, the Endangered Species Act, and other applicable
laws, approve or deny a special permit; or
(B) Reject the Council's recommendation, in which case, written
reasons will be provided by the Regional Administrator to the Council
for the rejection.
(iv) If the Regional Administrator does not receive a
recommendation from the Council within 60 days of Council receipt of
the permit application, the Regional Administrator can make a
determination of approval or denial independently.
(v) Within 30 working days after the consultation in paragraph
(d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS
will notify the applicant in writing of the decision to grant or deny
the special permit and, if denied, the reasons for the denial. Grounds
for denial of a special permit include the following:
(A) The applicant has failed to disclose material information
required, or has made false statements as to any material fact, in
connection with his or her application.
(B) According to the best scientific information available, the
directed or incidental catch in the season or location specified under
the permit would detrimentally affect any coral reef resource or coral
reef ecosystem in a significant way, including, but not limited to
issues related to, spawning grounds or seasons, protected species
interactions, EFH, and habitat areas of particular concern (HAPC).
(C) Issuance of the special permit would inequitably allocate
fishing privileges among domestic fishermen or would have economic
allocation as its sole purpose.
(D) The method or amount of harvest in the season and/or location
stated on the permit is considered inappropriate based on previous
human or natural impacts in the given area.
(E) NMFS has determined that the maximum number of permits for a
given area in a given season has been reached and allocating additional
permits in the same area would be detrimental to the resource.
(F) The activity proposed under the special permit would create a
significant enforcement problem.
(vi) The Regional Administrator may attach conditions to the
special permit, if it is granted, consistent with the management
objectives of the FMP, including but not limited to:
(A) The maximum amount of each resource that can be harvested and
landed during the term of the special permit, including trip limits,
where appropriate.
(B) The times and places where fishing may be conducted.
(C) The type, size, and amount of gear which may be used by each
vessel operated under the special permit.
(D) Data reporting requirements.
(E) Such other conditions as may be necessary to ensure compliance
with the purposes of the special permit consistent with the objectives
of the FMP.
(4) Appeals of permit actions. (i) Except as provided in subpart D
of 15 CFR part 904, any applicant for a permit or a permit holder may
appeal the granting, denial, conditioning, or suspension of their
permit or a permit affecting their interests to the Regional
Administrator. In order to be considered by the Regional Administrator,
such appeal must be in writing, must state
[[Page 8345]]
the action(s) appealed, and the reasons therefore, and must be
submitted within 30 days of the original action(s) by the Regional
Administrator. The appellant may request an informal hearing on the
appeal.
(ii) Upon receipt of an appeal authorized by this section, the
Regional Administrator will notify the permit applicant, or permit
holder as appropriate, and will request such additional information and
in such form as will allow action upon the appeal. Upon receipt of
sufficient information, the Regional Administrator will rule on the
appeal in accordance with the permit eligibility criteria set forth in
this section and the FMP, as appropriate, based upon information
relative to the application on file at NMFS and the Council and any
additional information, the summary record kept of any hearing and the
hearing officer's recommended decision, if any, and such other
considerations as deemed appropriate. The Regional Administrator will
notify all interested persons of the decision, and the reasons
therefor, in writing, normally within 30 days of the receipt of
sufficient information, unless additional time is needed for a hearing.
(iii) If a hearing is requested, or if the Regional Administrator
determines that one is appropriate, the Regional Administrator may
grant an informal hearing before a hearing officer designated for that
purpose after first giving notice of the time, place, and subject
matter of the hearing in the Federal Register. Such a hearing shall
normally be held no later than 30 days following publication of the
notice in the Federal Register, unless the hearing officer extends the
time for reasons deemed equitable. The appellant, the applicant (if
different), and, at the discretion of the hearing officer, other
interested parties, may appear personally or be represented by counsel
at the hearing and submit information and present arguments as
determined appropriate by the hearing officer. Within 30 days of the
last day of the hearing, the hearing officer shall recommend in writing
a decision to the Regional Administrator.
(iv) The Regional Administrator may adopt the hearing officer's
recommended decision, in whole or in part, or may reject or modify it.
In any event, the Regional Administrator will notify interested persons
of the decision, and the reason(s) therefore, in writing, within 30
days of receipt of the hearing officer's recommended decision. The
Regional Administrator's action constitutes final action for the agency
for the purposes of the Administrative Procedure Act.
(5) Any time limit prescribed in this section may be extended for
good cause, for a period not to exceed 30 days by the Regional
Administrator, either upon his or her own motion or upon written
request from the Council, appellant or applicant stating the reason(s)
therefore.
Sec. 660.603 Prohibitions.
In addition to the general prohibitions specified in Sec. 600.725
of this chapter and Sec. 660.15 of this part, it is unlawful for any
person to do any of the following:
(a) Fish for, take, retain, possess or land any coral reef
ecosystem MUS in any low-use MPA as defined in Sec. 660.18(c)(1) and
(c)(2) unless:
(1) A valid permit has been issued for the hand harvester or the
fishing vessel operator that specifies the applicable area of harvest;
(2) A permit is not required, as outlined in Sec. 600.602 of this
chapter;
(3) The coral reef ecosystem MUS possessed on board the vessel
originated outside the regulatory area and this can be demonstrated
through receipts of purchase, invoices, fishing logbooks or other
documentation.
(b) Fish for, take, or retain any coral reef ecosystem MUS species:
(1) That is determined overfished with subsequent rulemaking by the
Regional Administrator.
(2) By means of gear or methods prohibited under Sec. 660.604.
(3) In a low-use MPA without a valid special permit.
(4) In violation of any permit issued under Sec. 660.13 or Sec.
660.601.
(c) Fish for, take, or retain any wild live rock or live hard coral
except under a valid special permit for scientific research,
aquaculture seed stock collection or traditional and ceremonial
purposes by indigenous people.
Sec. 660.604 Notifications.
Any special permit holder subject to the requirements of this
subpart must contact the appropriate NMFS enforcement agent in American
Samoa, Guam, or Hawaii at least 24 hours before landing any coral reef
ecosystem MUS unit species harvested under a special permit, and report
the port and the approximate date and time at which the catch will be
landed.
Sec. 660.605 Allowable gear and gear restrictions.
(a) Coral reef ecosystem MUS may be taken only with the following
allowable gear and methods:
(1) Hand harvest;
(2) Spear;
(3) Slurp gun;
(4) Hand net/dip net;
(5) Hoop net for Kona crab;
(6) Throw net;
(7) Barrier net;
(8) Surround/purse net that is attended at all times;
(9) Hook-and-line (includes handline (powered or not)), rod-and-
reel, and trolling);
(10) Crab and fish traps with vessel ID number affixed; and
(11) Remote-operating vehicles/submersibles.
(b) Coral reef ecosystem MUS may not be taken by means of poisons,
explosives, or intoxicating substances. Possession or use of these
materials by any permit holder under this subpart who is established to
be fishing for coral reef ecosystem MUS in the regulatory area is
prohibited.
(c) Coral reef ecosystem MUS may not be taken by means of
spearfishing with SCUBA at night (from 6 p.m. to 6 a.m.) in the U.S.
EEZ waters around Howland Island, Baker Island, Jarvis Island, Wake
Island, Kingman Reef, Johnston Atoll and Palmyra Atoll.
(d) Existing FMP fisheries shall follow the allowable gear and
methods outlined in their respective plans.
(e) Any person who intends to fish with new gear not included in
Sec. 660.604 must describe the new gear and its method of deployment
in the special permit application. A decision on the permissibility of
this gear type will be made by the Regional Administrator after
consultation with the Council and the director of the affected state
fishery management agency.
Sec. 660.606 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 Sec. 660.13 or Sec. 660.601 or that is
otherwise established to be fishing for coral reef ecosystem MUS in the
regulatory area.
(b) Enforcement action. (1) Traps not marked in compliance with
paragraph (a) of this section and found deployed in the coral reef
ecosystem regulatory area will be considered unclaimed or abandoned
property, and may be disposed of in any manner considered appropriate
by NMFS or an authorized officer;
(2) Unattended surround nets or bait seine nets found deployed in
the coral reef ecosystem regulatory area will be considered unclaimed
or abandoned property, and may be disposed of in any manner considered
appropriate by NMFS or an authorized officer.
[[Page 8346]]
Sec. 660.607 Framework for regulatory adjustments.
(a) Procedure for established measures. (1) Established measures
are management measures that, at some time, have been included in
regulations implementing the FMP, or for which the impacts have been
evaluated in Council/NMFS documents in the context of current
conditions;
(2) Following framework procedures of the CREFMP, the Council may
recommend to the Regional Administrator that established measures be
modified, removed, or re-instituted. Such recommendation shall include
supporting rationale and analysis, and shall be made after advance
public notice, public discussion and consideration of public comment.
NMFS may implement the Council's recommendation by rulemaking if
approved by the Regional Administrator.
(b) Procedure for new measures. (1) New measures are management
measures that have not been included in regulations implementing the
FMP, or for which the impacts have not been evaluated in Council/NMFS
documents in the context of current conditions. New measures include
but are not limited to catch limits, resource size limits, closures,
effort limitations, reporting and recordkeeping requirements;
(2) Following the framework procedures of the FMP, the Regional
Administrator will publicize, including by Federal Register notice, and
solicit public comment on, any proposed new management measure. After a
Council meeting at which the measure is discussed, the Council will
consider recommendations and prepare a document summarizing the
Council's deliberations, rationale, and analysis for the preferred
action, and the time and place for any subsequent Council meeting(s) to
consider the new measure. At subsequent public meeting(s), the Council
will consider public comments and other information received to make a
recommendation to the Regional Administrator about any new measure.
NMFS may implement the Council's recommendation by rule making if
approved by the Regional Administrator.
(i) The Regional Administrator will consider the Council's
recommendation and supporting rationale and analysis, and, if the
Regional Administrator concurs with the Council's recommendation, will
propose regulations to carry out the action. If the Regional
Administrator rejects the Council's proposed action, the Regional
Administrator will provide a written explanation for the denial within
2 weeks of the decision.
(ii) The Council may appeal denial by writing to the Assistant
Administrator, who must respond in writing within 30 days.
(iii) The Regional Administrator and the Assistant Administrator
will make their decisions in accordance with the Magnuson-Stevens Act,
other applicable laws, and the CREFMP.
(iv) To minimize conflicts between the Federal and state/
territorial/commonwealth management systems, the Council will use the
procedures in paragraph (a)(2) in this section to respond to state/
territorial/commonwealth management actions. The Council's
consideration of action would normally begin with a representative of
the state, territorial or commonwealth government bringing a potential
or actual management conflict or need to the Council's attention.
Sec. 660.608 Regulatory area.
(a) The regulations in this subpart govern fishing for coral reef
ecosystem management unit species by vessels of the United States or
persons who operate or are based inside the outer boundary of the U.S.
EEZ off:
(1) The Hawaiian Islands Archipelago lying to the east of
160 50' W. long.
(2) Guam.
(3) American Samoa.
(4) Offshore area of the CNMI or that portion of the U.S. EEZ
around the CNMI between three nautical miles offshore and the outer
boundary of the U.S. EEZ.
(5) Baker Island, Howland Island, Jarvis Island, Wake Island,
Johnston Atoll, Palmyra Atoll and Kingman Reef.
(b) The inner boundary of the regulatory area is as follows:
(1) The shoreline of Baker Island, Howland Island, Jarvis Island,
Wake Island, Johnston Atoll, Palmyra Atoll and Kingman Reef.
(2) The seaward boundaries of the State of Hawaii, the Territory of
Guam, the Territory of American Samoa; and
(3) A line three nautical miles seaward from the shoreline of the
CNMI.
(c) The outer boundary of the regulatory area is the outer boundary
of the U.S. EEZ or adjacent international maritime boundaries. The CNMI
and Guam regulatory area is divided by a line intersecting these two
points: 148 E. long., 12 N. lat., and
142 E. long., 16 N. lat.
Sec. 660.609 Annual reports
(a) Annual reports. By July 31 of each year, a Council-appointed
coral reef ecosystem plan team will prepare an annual report on coral
reef fisheries of the western Pacific region. The report will contain,
among other things, fishery performance data, summaries of new
information and assessments of need for Council action.
(b) Recommendation for Council action. (1) The Council will
evaluate the annual report and advisory body recommendations and may
recommend management action by either the state/territorial/
commonwealth governments or by Federal regulation;
(2) If the Council believes that management action should be
considered, it will make specific recommendations to the Regional
Administrator after considering the views of its advisory bodies.
? 10. In part 660, Tables 3 and 4 are added to read as follows:
Table 3 To Part 660.--Currently Harvested Coral Reef Taxa
------------------------------------------------------------------------
Family name Common name (scientific name)
------------------------------------------------------------------------
Acanthuridae (Surgeonfishes)........... Orange-spot surgeonfish
(Acanthurus olivaceus)
Yellowfin surgeonfish
(Acanthurus xanthopterus)
Convict tang (Acanthurus
triostegus)
Eye-striped surgeonfish
(Acanthurus dussumieri)
Blue-lined surgeon (Acanthurus
nigroris)
Whitebar surgeonfish
(Acanthurus leucopareius)
Blue-banded surgeonfish
(Acanthurus lineatus)
Blackstreak surgeonfish
(Acanthurus nigricauda)
Whitecheek surgeonfish
(Acanthurus nigricans)
White-spotted surgeonfish
(Acanthurus guttatus)
Ringtail surgeonfish
(Acanthurus blochii)
Brown surgeonfish (Acanthurus
nigrofuscus)
[[Page 8347]]
Elongate surgeonfish
(Acanthurus mata)
Mimic surgeonfish (Acanthurus
pyroferus)
Yellow-eyed surgeonfish
(Ctenochaetus strigousus)
Striped bristletooth
(Ctenochaetus striatus)
Twospot bristletooth
(Ctenochaetus binotatus
Bluespine unicornfish (Naso
unicornus)
Orangespine unicornfish (Naso
lituratus)
Humpnose unicornfish (Naso
tuberosus)
Black tongue unicornfish (Naso
hexacanthus)
Bignose unicornfish (Naso
vlamingii)
Whitemargin unicornfish (Naso
annulatus)
Spotted unicornfish (Naso
brevirostris)
Humpback unicornfish (Naso
brachycentron)
Barred unicornfish (Naso
thynnoides)
Gray unicornfish (Naso caesius)
Balistidae (Triggerfishes)............. Titan triggerfish (Balistoides
viridescens)
Clown triggerfish (Balistoides
conspicillum)
Orangstriped triggerfish
(Balistapus undulatus)
Pinktail triggerfish
(Melichthys vidua)
Black triggerfish (Melichtys
niger)
Blue Triggerfish
(Pseudobalistesfucus fucus)
Picassofish (Rhinecanthus
aculeatus)
Wedged Picassofish (Balistoides
rectangulus)
Bridled triggerfish (Sufflamen
fraenatus)
Carangidae (Jacks)..................... Bigeye scad (Selar
crumenophthalmus)
Mackerel scad (Decapterus
macarellus)
Carcharhinidae (Sharks)................ Grey reef shark (Carcharhinus
amblyrhynchos)
Silvertip shark (Carcharhinus
albimarginatus)
Galapagos shark (Carcharhinus
galapagenis)
Blacktip reef shark
(Carcharhinus melanopterus)
Whitetip reef shark (Triaenodon
obesus)
Holocentridae (Soldierfish/ Bigscale soldierfish
Squirrelfish). (Myripristis berndti)
Bronze soldierfish (Myripristis
adusta)
Blotcheye soldierfish
(Myripristis murdjan)
Brick soldierfish (Myripristis
amaena)
Scarlet soldierfish
(Myripristis pralinia)
Violet soldierfish (Myripristis
violacea)
Whitetip soldierfish
(Myripristis vittata)
Yellowfin soldierfish
(Myripristis chryseres)
Pearly soldierfish (Myripristis
kuntee)
Double tooth squirrel fish
(Myripristis hexagona)
Tailspot squirrelfish
(Sargocentron caudimaculatum)
Blackspot squirrelfish
(Sargocentron melanospilos)
File-lined squirrelfish
(Sargocentron microstoma)
Pink squirrelfish (Sargocentron
tieroides)
Crown squirrelfish
(Sargocentron diadema)
Peppered squirrelfish
(Sargocentron punctatissimum)
Blue-lined squirrelfish
(Sargocentron tiere)
Hawaiian squirrelfish
(Sargocentron xantherythrum)
Squirrelfish (Sargocentron
furcatum)
Saber or Long jaw squirrelfish
(Sargocentron spiniferum)
Spotfin squirrelfish (Neoniphon
spp.)
Kuhliidae (Flag-tails)................. Hawaiian flag-tail (Kuhlia
sandvicensis)
Barred flag-tail (Kuhlia mugil)
Kyphosidae Rudderfish.................. Rudderfish (Kyphosus biggibus)
Rudderfish (Kyphosus
cinerascens)
Rudderfish (Kyphosus
vaigienses)
Labridae (Wrasses)..................... Saddleback hogfish (Bodianus
bilunulatus)
Napoleon wrasse (Cheilinus
undulatus)
Triple-tail wrasse (Cheilinus
trilobatus)
Floral wrasse (Cheilinus
chlorourus)
Harlequin tuskfish (Cheilinus
fasciatus)
Ring-tailed wrasse
(Oxycheilinus unifasciatus)
Bandcheek wrasse (Oxycheilinus
diagrammus)
Arenatus wrasse (Oxycheilinus
arenatus)
Razor wrasse (Xyricthys pavo)
Whitepatch wrasse (Xyrichtes
aneitensis)
Cigar wrasse (Cheilio inermis)
Blackeye thicklip (Hemigymnus
melapterus)
Barred thicklip (Hemigymnus
fasciatus)
Three-spot wrasse (Halichoeres
trimaculatus)
Checkerboard wrasse
(Halichoeres hortulanus)
[[Page 8348]]
Weedy surge wrasse (Halichoeres
margaritacous)
Goldstripe wrasse(Halichoeres
zeylonicus)
Surge wrasse (Thalassoma
purpureum)
Red ribbon wrasse (Thalassoma
quinquevittatum)
Sunset wrasse (Thalassoma
lutescens)
Longface wrasse (Hologynmosus
doliatus)
Rockmover wrasse
(Novaculichthys taeniourus)
Mullidae (Goatfishes).................. Yellow goatfish (Mulloidichthys
spp.)
Orange goatfish (Mulloidichthys
pfleugeri)
Yellowfin goatfish
(Mulloidichthys vanicolensis)
Yellowstripe goatfish
(Mulloidichthys
flaviolineatus)
Banded goatfish (Parupeneus
spp.)
Dash-dot goatfish (Parupeneus
barberinus)
Doublebar goatfish (Parupeneus
bifasciatus)
Redspot goatfish (Parupeneus
heptacanthus)
White-lined goatfish
(Parupeneus ciliatus)
Yellowsaddle goatfish
(Parupeneus cyclostomas)
Side-spot goatfish (Parupeneus
pleurostigma)
Indian goatfish (Parupeneus
indicus)
Multi-barred goatfish
(Parupeneus multifaciatus)
Bantail goatfish (Upeneus arge)
Mugilidae (Mullets).................... Stripped mullet (Mugil
cephalus)
Engel's mullet (Moolgarda
engeli)
False mullet (Neomyxus
leuciscus)
Fringelip mullet (Crenimugil
crenilabis)
Muraenidae (Moray ells)................ Yellowmargin moray eel
(Gymnothorax flavimarginatus)
Giant moray eel (Gymnothorax
javanicus)
Undulated moray eel
(Gymnothorax undulatus)
Octopodidae............................ Octopus (Octopus cyanea;
Octopus ornatus)
Polynemidae............................ Threadfin (Polydactylus
sexfilis)
Pricanthidae (Bigeye).................. Glasseye (Heteropriacanthus
cruentatus)
Bigeye (Priacanthus hamrur)
Scaridae (Parrotfishes)................ Humphead parrotfish
(Bulbometapon muracatum)
Parrotfish (Scarus spp.)
Pacific longnose parrotfish
(Hipposcarus longiceps)
Stareye parrotfish (Catolomus
carolinus)
Scombridae............................. Dogtooth tuna (Gymnosarda
unicolor)
Siganidae (Rabbitfish)................. Forktail rabbitfish (Siganus
aregentus)
Golden rabbitfish (Siganus
guttatus)
Gold-spot rabbitfish (Siganus
punctatissimus)
Randall's rabbitfish (Siganus
randalli)
Scribbled rabbitfish (Siganus
spinus)
Vermiculate rabbitfish (Siganus
vermiculatus)
Sphyraenidae (Barracuda)............... Heller's barracuda (Sphyraena
helleri)
Great Barracuda (Sphyraena
barracuda)
Turbinidae (turban shells/green snails) Green snails (Turbo spp.)
Aquarium Taxa/Species.................. Acanthuridae
Yellow tang (Zebrasoma
flavescens)
Yellow-eyed surgeon fish
(Ctenochaetus strigosus)
Achilles tang (Acanthurus
achilles)
Muraenidae
Dragon eel (Enchelycore
pardalis)
Zanclidae
Morrish idol (Zanclus
cornutus)
Pomacanthidae
Angelfish (Centropyge
shepardi, Centropyge
flavissimus)
Cirrhitidae
Flame hawkfish (Neocirrhitus
armatus)
Chaetodontidae
Butterflyfish (Chaetodon
auriga, Chaetodon lunula,
Chaetodon melannotus,
Chaetodon ephippium)
Pomacentridae
Damselfish (Chromis viridis,
Dascyllus aruanus, Dascyllus
trimaculatus)
Sabellidae
Featherduster worm
------------------------------------------------------------------------
Table 4 To Part 660.--Potentially Harvested Coral Reef Taxa
------------------------------------------------------------------------
------------------------------------------------------------------------
Labridae spp. (wrasses) (Those species Ephippidae (batfish)
not listed in Table 3).
[[Page 8349]]
Carcharhinidae spp. Sphyrnidae spp. Monodactylidae (monos)
(Those species not listed in Table 3).
Dasyatididae, Myliobatidae, Mobulidae Haemulidae (sweetlips)
(rays).
Serranidae spp. (groupers) (Those Echineididae (remoras)
species not listed in Table 3 or are
not bottomfish management unit
species).
Carangidae (jacks/trevallies) (Those Malacanthidae (tilefish)
species not listed in Table 3 or are
not bottomfish management unit
species).
Acanthoclinidae (spiny
basslets)
Holocentridae spp. (soldierfish/ Pseudochromidae (dottybacks)
squirrelfish) (Those species not
listed in Table 3).
Mullidae spp. (goatfish) (Those species Plesiopidae (prettyfins)
not listed in Table 3).
Acanthuridae spp. (surgeonfish/ Tetrarogidae (waspfish)
unicornfish) (Those species not listed
in Table 3).
Lethrinidae spp. (emperor fish) (Those Caracanthidae (coral crouchers)
species not listed in Table 3 or are
not bottomfish management unit
species).
Chlopsidae, Congridae, Moringuidae, Grammistidae (soapfish)
Ophichthidae (eels) Muraenidae (morays
eels) (Those species not listed in
Table 3).
Apogonidae (cardinalfish).............. Aulostomus chinensis
(trumpetfish)
Zanclidae spp. (moorish idols) (Those Fistularia commersoni
species not listed in Table 3). (coronetfish)
Chaetodontidae spp. (butterflyfish) Anomalopidae (flashlightfish)
(Those species not listed in Table 3).
Pomacanthidae spp. (angelfish) (Those Clupeidae (herrings)
species not listed in Table 3).
Pomacentridae spp. (damselfish) (Those Engraulidae (anchovies)
species not listed in Table 3).
Scorpaenidae (scorpionfish)............ Gobiidae (gobies)
Blenniidae (blennies).................. Lutjanidae (snappers) (Those
species that are not listed in
Table 3 or are not bottomfish
management unit species)
Sphyraenidae spp. (barracudas) (Those Ballistidae/Monocanthidae spp.
species not listed in Table 3). (Those species not listed in
Table 3)
Pinguipedidae (sandperches)............ Siganidae spp. (rabbit fish)
(Those species not listed in
Table 3)
Gymnosarda unicolor.................... Kyphosidae spp. (rudderfish)
(Those species not listed in
Table 3)
Bothidae/Soleidae/Pleurnectidae Caesionidae (fusiliers)
(flounder/sole).
Ostraciidae (trunkfish)................ Cirrhitidae (hawkfish) (Those
species not listed in Table 3
Tetradontidae/Diodontidae (puffer/ Antennariidae (frogfishes)
porcupinefish).
Syngnathidae (pipefishes/
seahorses)
Stony corals........................... Echinoderms (e.g., sea
cucumbers, sea urchins)
Heliopora (blue corals)................ Mollusca (Those species not
listed in Table 3)
Tubipora (organpipe corals)............ Sea Snails (gastropods) (Those
species not listed in Table 3)
Azooxanthellates (ahermatypic corals).. Trochus spp.
Fungiidae (mushroom corals)............ Opistobranchs (sea slugs)
Small and large polyp corals........... Pinctada margaritifera (black
lipped pearl oyster)
Millepora (firecorals)................. Tridacnidae (giant clams)
Soft corals and Gorgonians............. Other Bivalves (other clams)
Actinaria (anemones)................... Cephalopods
Zoanthinaria (soft zoanthid corals).... Crustaceans (Lobsters, Shrimps/
mantis shrimps, true crabs and
hermit crabs (not listed as
crustacean management unit
species)
Sponges (Porifera)..................... Stylasteridae (lace corals)
Hydrozoans............................. Solanderidae (hydroid corals)
Bryozoans.............................. Annelids (segmented worms)
(Those species not listed in
Table 3)
Algae (seaweeds)
Tunicates (sea squirts)................ Live rock
----------------------------------------
All other coral reef ecosystem management unit species that are marine
plants, invertebrates, and fishes that are not listed in Table 3 or are
not bottomfish management unit species, crustacean management unit
species, Pacific pelagic management unit species, precious coral or
seamount groundfish.
------------------------------------------------------------------------
[FR Doc. 04-3851 Filed 2-23-04; 8:45 am]
BILLING CODE 3510-22-P