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e-CFR data is current as of December 4, 2019

Title 50Chapter VIPart 665 → Subpart E


Title 50: Wildlife and Fisheries
PART 665—FISHERIES IN THE WESTERN PACIFIC


Subpart E—Pacific Remote Island Area Fisheries


Contents
§665.598   Management area.
§665.599   Area restrictions.
§665.600   PRIA bottomfish fisheries. [Reserved]
§665.601   Definitions.
§665.602   [Reserved]
§665.603   Permits.
§665.604   Prohibitions.
§665.605   Gear restrictions.
§665.606   At-sea observer coverage.
§§665.607-665.619   [Reserved]
§665.620   PRIA coral reef ecosystem fisheries. [Reserved]
§665.621   Definitions.
§665.622   [Reserved]
§665.623   Relation to other laws.
§665.624   Permits and fees.
§665.625   Prohibitions.
§665.626   Notifications.
§665.627   Allowable gear and gear restrictions.
§665.628   Gear identification.
§§665.629-665.639   [Reserved]
§665.640   PRIA crustacean fisheries. [Reserved]
§665.641   Definitions.
§665.642   Permits.
§665.643   Prohibitions.
§665.644   Notifications.
§665.645   At-sea observer coverage.
§§665.646-665.659   [Reserved]
§665.660   PRIA precious coral fisheries. [Reserved]
§665.661   Definitions.
§665.662   Permits.
§665.663   Prohibitions.
§665.664   Gear restrictions.
§665.665   Size restrictions.
§665.666   Closures.
§665.667   Quotas.
§665.668   Seasons.
§665.669   Gold coral harvest moratorium.

§665.598   Management area.

The PRIA fishery management area is the EEZ seaward of Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll, and Wake Island, Pacific Remote Island Areas with the inner boundary a line coterminous with the seaward boundaries of the above atolls, reefs and islands PRIA and the outer boundary a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured, or is coterminous with adjacent international maritime boundaries.

§665.599   Area restrictions.

Except as provided in §665.934, fishing is prohibited in all no-take MPAs. The following U.S. EEZ waters are no-take MPAs: Landward of the 50 fathom curve at Jarvis, Howland, and Baker Islands, and Kingman Reef; as depicted on National Ocean Survey Chart Numbers 83116 and 83153.

[78 FR 33003, June 3, 2013]

§665.600   PRIA bottomfish fisheries. [Reserved]

§665.601   Definitions.

As used in §§665.600 through 665.619:

PRIA bottomfish fishing permit means the permit required by §665.603 to use a vessel to fish for PRIA bottomfish 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.

PRIA bottomfish management unit species (PRIA bottomfish MUS) means the following fish:

Common nameScientific name
(1) Silver jaw jobfishAphareus rutilans.
(2) Giant trevallyCaranx ignobilis.
(3) Black jackCaranx lugubris.
(4) Blacktip grouperEpinephelus fasciatus.
(5) Sea bassHyporthodus quernus.
(6) Red snapperEtelis carbunculus.
(7) Longtail snapperEtelis coruscans.
(8) Redgill emperorLethrinus rubrioperculatus.
(9) Yellowtail snapperPristipomoides auricilla.
(10) Pink snapperPristipomoides filamentosus.
(11) Pink snapperPristipomoides seiboldii.
(12) Lunartail, lyretail grouperVariola louti.

[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 29397, June 24, 2019]

§665.602   [Reserved]

§665.603   Permits.

(a) Applicability. PRIA. The owner of any vessel used to fish for, land, or transship PRIA bottomfish MUS shoreward of the outer boundary of the PRIA subarea must have a permit issued under this section, and the permit must be registered for use with that vessel.

(b) Submission. An application for a permit required under this section must be submitted to PIRO as described in §665.13.

§665.604   Prohibitions.

In addition to the general prohibitions specified in §600.725 of this chapter and §665.16, it is unlawful for any person to do any of the following:

(a) Fish for PRIA bottomfish MUS using gear prohibited under §665.605.

(b) Fish for, or retain on board a vessel, PRIA bottomfish MUS in the PRIA without the appropriate permit registered for use with that vessel issued under §665.13.

(c) Falsify or fail to make or file all reports of PRIA bottomfish MUS landings taken in the PRIA, containing all data in the exact manner, as specified in §665.14(b).

§665.605   Gear restrictions.

(a) Bottom trawls and bottom set gillnets. Fishing for PRIA bottomfish MUS with bottom trawls and bottom set gillnets is prohibited.

(b) Possession of gear. Possession of a bottom trawl and bottom set gillnet by any vessel having a permit under §665.603 or otherwise established to be fishing for PRIA bottomfish MUS in the PRIA fishery management area is prohibited.

(c) Poisons and explosives. The possession or use of any poisons, explosives, or intoxicating substances for the purpose of harvesting PRIA bottomfish is prohibited.

§665.606   At-sea observer coverage.

All fishing vessels subject to §§665.600 through 665.606 must carry an observer when directed to do so by the Regional Administrator.

§§665.607-665.619   [Reserved]

§665.620   PRIA coral reef ecosystem fisheries. [Reserved]

§665.621   Definitions.

As used in §§665.620 through 665.639:

PRIA coral reef ecosystem management unit species (PRIA coral reef ecosystem MUS) means all of the Currently Harvested Coral Reef Taxa and Potentially Harvested Coral Reef Taxa listed in this section 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.

PRIA Currently Harvested Coral Reef Taxa:

Family nameEnglish common nameScientific name
   Acanthuridae (Surgeonfishes)orange-spotAcanthurus olivaceus.
   surgeonfish
   yellowfin surgeonfishAcanthurus xanthopterus.
convict tangAcanthurus triostegus.
   eye-striped surgeonfishAcanthurus dussumieri.
   blue-lined surgeonAcanthurus nigroris.
   Whitebar surgeonfishAcanthurus leucopareius.
   blue-banded surgeonfishAcanthurus lineatus.
   blackstreak surgeonfishAcanthurus nigricauda.
   whitecheek surgeonfishAcanthurus nigricans.
   white-spotted surgeonfishAcanthurus guttatus.
   Ringtail surgeonfishAcanthurus blochii.
   brown surgeonfishAcanthurus nigrofuscus.
   yellow-eyed surgeonfishCtenochaetus strigosus.
   striped bristletoothCtenochaetus striatus.
   twospot bristletoothCtenochaetus binotatus.
   Yellow tangZebrasoma flavescens.
   bluespine unicornfishNaso unicornus.
   orangespine unicornfishNaso lituratus.
   black tongue unicornfishNaso hexacanthus.
   bignose unicornfishNaso vlamingii.
   whitemargin unicornfishNaso annulatus.
   spotted unicornfishNaso brevirostris.
Labridae (Wrasses)Napoleon wrasseCheilinus undulatus.
   Triple-tail wrasseCheilinus trilobatus.
   Floral wrasseCheilinus chlorourus.
   ring-tailed wrasseOxycheilinus unifasciatus.
   bandcheek wrasseOxycheilinus diagrammus.
   Barred thicklipHemigymnus fasciatus.
   three-spot wrasseHalichoeres trimaculatus.
   red ribbon wrasseThalassoma quinquevittatum.
   Sunset wrasseThalassoma lutescens.
Mullidae (Goatfishes)Yellow goatfishMulloidichthys. spp.
   Orange goatfishMulloidichthys pfleugeri.
   yellowstripe goatfishMulloidichthys flavolineatus.
   Banded goatfishParupeneus. spp.
Mullidae (Goatfishes)dash-dot goatfishParupeneus barberinus.
   yellowsaddle goatfishParupeneus cyclostomas.
   multi-barred goatfishParupeneus multifaciatus.
   bantail goatfishUpeneus arge.
Mugilidae (Mullets)fringelip mulletCrenimugil crenilabis.
   engel's mulletMoolgarda engeli.
   false mulletNeomyxus leuciscus.
Muraenidae (Moray eels)yellowmargin moray eelGymnothorax flavimarginatus.
   giant moray eelGymnothorax javanicus.
   undulated moray eelGymnothorax undulatus.
OctopodidaeOctopusOctopus cyanea.
   OctopusOctopus ornatus.
Pricanthidae (Bigeye)GlasseyeHeteropriacanthus cruentatus.
Scaridae (Parrotfishes)Humphead parrotfishBolbometopon muricatum.
   parrotfishScarus. spp.
   pacific longnose parrotfishHipposcarus longiceps.
   stareye parrotfishCalotomus carolinus.
ScombridaeDogtooth tunaGymnosarda unicolor.
Sphyraenidae (Barracuda)great barracudaSphyraena barracuda.

PRIA Potentially Harvested Coral Reef Taxa:

English common nameScientific name
wrasses (Those species not listed as CHCRT)Labridae.
sharks (Those species not listed as CHCRT)Carcharhinidae, Sphyrnidae.
rays and skatesMyliobatidae, Mobulidae.
groupers (Those species not listed as CHCRT or as BMUS)Serrandiae.
jacks and scads (Those species not listed as CHCRT or as BMUS)Carangidae.
solderfishes and squirrelfishes (Those species not listed as CHCRT)Holocentridae.
goatfishes (Those species not listed as CHCRT)Mullidae.
BatfishesEphippidae.
SweetlipsHaemulidae.
RemorasEcheneidae.
TilefishesMalacanthidae.
DottybacksPseudochromidae.
PrettyfinsPlesiopidae.
surgeonfishes (Those species not listed as CHCRT)Acanthuridae.
emperors (Those species not listed as CHCRT or as BMUS)Lethrinidae.
HerringsClupeidae.
GobiesGobiidae.
snappers (Those species not listed as CHCRT or as BMUS)Lutjanidae.
trigger fishes (Those species not listed as CHCRT)Balistidae.
rabbitfishes (Those species not listed as CHCRT)Siganidae.
eels (Those species not listed as CHCRT)Muraenidae, Chlopsidae, Congridae, Ophichthidae.
CardinalfishesApogonidae.
moorish idolsZanclidae.
butterfly fishesChaetodontidae.
AngelfishesPomacanthidae.
DamselfishesPomacentridae.
ScorpionfishesScorpaenidae.
BlenniesBlenniidae.
barracudas (Those species not listed as CHCRT)Sphyraenidae.
SandperchesPinguipedidae.
rudderfishes (Those species not listed as CHCRT)Kyphosidae.
FusiliersCaesionidae.
hawkfishes (Those species not listed as CHCRT)Cirrhitidae.
FrogfishesAntennariidae.
pipefishes, seahorsesSyngnathidae.
flounders, solesBothidae.
TrunkfishesOstraciidae.
puffer fishes, porcupine fishesTetradontidae.
TrumpetfishAulostomus chinensis.
CornetfishFistularia commersoni.
blue coralsHeliopora.
organpipe coralsTubipora.
ahermatypic coralsAzooxanthellates.
mushroom coralsFungiidae.
small and large coral polyps   
fire coralsMillepora.
soft corals, gorgonians   
AnemonesActinaria.
soft zoanthid coralsZoanthinaria.
   Hydrozoans, Bryzoans.
sea squirtsTunicates.
sea cucumbers and sea urchinsEchinoderms.
Those species not listed as CHCRTMollusca.
sea snailsGastropoda.
   Trochus.
sea slugsOpistobranchs.
black lipped pearl oysterPinctada margaritifera.
giant clamTridacnidae.
other clamsOther Bivalves.
   Cephalopods.
lobsters, shrimps/mantis shrimps, true crabs and hermit crabs
(Those species not listed as CMUS)
Crustaceans.
SpongesPorifera.
lace coralsStylasteridae.
hydroid coralsSolanderidae.
segmented wormsAnnelids.
SeaweedAlgae.
Live rock.
All other PRIA coral reef ecosystem MUS that are marine plants, invertebrates, and fishes that are not listed in the PRIA CHCRT table or are not PRIA bottomfish, crustacean, precious coral, or western Pacific pelagic MUS.

§665.622   [Reserved]

§665.623   Relation to other laws.

To ensure consistency between the management regimes of different Federal agencies with shared management responsibilities of fishery resources within the PRIA fishery management area, fishing for PRIA coral reef ecosystem MUS 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.

§665.624   Permits and fees.

(a) Applicability. Unless otherwise specified in this subpart, §665.13 applies to coral reef ecosystem permits.

(1) Special permit. Any person of the United States fishing for, taking or retaining PRIA coral reef ecosystem MUS must have a special permit if they, or a vessel which they operate, is used to fish for any:

(i) [Reserved]

(ii) PRIA Potentially Harvested Coral Reef Taxa in the PRIA coral reef ecosystem management area; or

(iii) PRIA Coral reef ecosystem MUS in the PRIA coral reef ecosystem management area with any gear not specifically allowed in this subpart.

(2) Transshipment permit. A receiving vessel must be registered for use with a transshipment permit if that vessel is used in the PRIA coral reef ecosystem management area to land or transship PRIA PHCRT, or any PRIA 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 any FEP who incidentally catches PRIA coral reef ecosystem MUS while fishing for bottomfish MUS, crustacean MUS, western Pacific pelagic MUS, precious coral, or seamount groundfish.

(ii) Any person fishing for PRIA CHCRT outside of an MPA, who does not retain any incidentally caught PRIA PHCRT.

(iii) Any person collecting marine organisms for scientific research as described in §665.17, or §600.745 of this chapter.

(b) Validity. Each permit will be valid for fishing only in the fishery management area specified on the permit.

(c) General requirements. General requirements governing application information, issuance, fees, expiration, replacement, transfer, alteration, display, sanctions, and appeals for permits are contained in §665.13.

(d) Special permit. The Regional Administrator shall issue a special permit in accordance with the criteria and procedures specified in this section.

(1) Application. An applicant for a special or transshipment permit issued under this section must complete and submit to the Regional 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 and completed 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 USCG, 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 FEP;

(D) Estimated ecosystem, habitat, and protected species impacts of the proposed activity; and

(E) Other biological and ecological information relevant to the proposal. The applicant will be provided with an opportunity to appear in support of the application.

(iii) Following a review of the 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 FEP, 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 FEP, 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 FEP.

(4) Appeals of permit actions.

(i) Except as provided in subpart D of 15 CFR part 904, any applicant for a permit or a 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 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 FEP, 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 and/or be represented by counsel at the hearing and submit information and present arguments as determined appropriate by the hearing officer. Within 30 days of the last day of the hearing, the hearing officer shall 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 shall 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) The Regional Administrator may, for good cause, extend any time limit prescribed in this section for a period not to exceed 30 days, either upon his or her own motion or upon written request from the Council, appellant or applicant stating the reason(s) therefore.

[75 FR 2205, Jan. 14, 2010, as amended at 78 FR 33003, June 3, 2013]

§665.625   Prohibitions.

In addition to the general prohibitions specified in §600.725 of this chapter and §665.15, it is unlawful for any person to do any of the following:

(a) [Reserved]

(b) Fish for, take, or retain any PRIA 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 §665.627.

(3) [Reserved]

(4) In violation of any permit issued under §§665.13 or 665.624.

(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.

[75 FR 2205, Jan. 14, 2010, as amended at 78 FR 33003, June 3, 2013]

§665.626   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 PRIA 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.

§665.627   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) PRIA 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 management area is prohibited.

(c) PRIA 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 FEP 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 this section must describe the new gear and its method of deployment in the special permit application. A decision on the permissibility of this gear type will be made by the Regional Administrator after consultation with the Council and the director of the affected state fishery management agency.

§665.628   Gear identification.

(a) The vessel number must be affixed to all fish and crab traps on board the vessel or deployed in the water by any vessel or person holding a permit under §§665.13 or 665.624 or that is otherwise established to be fishing for PRIA coral reef ecosystem MUS in the PRIA fishery management area.

(b) Enforcement action. (1) Traps not marked in compliance with paragraph (a) of this section and found deployed in the PRIA fishery management area will be considered unclaimed or abandoned property, and may be disposed of in any manner considered appropriate by NMFS or an authorized officer.

(2) Unattended surround nets or bait seine nets found deployed in the coral reef ecosystem management area will be considered unclaimed or abandoned property, and may be disposed of in any manner considered appropriate by NMFS or an authorized officer.

§§665.629-665.639   [Reserved]

§665.640   PRIA crustacean fisheries. [Reserved]

§665.641   Definitions.

As used in §§665.640 through 665.659:

Crustacean Permit Area 4 (Permit Area 4) means the EEZ around Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll, and Wake Island.

PRIA crustacean fishing permit means the permit required by §665.642 to use a vessel to fish for PRIA crustacean MUS in the PRIA fishery management area, or to land crustacean MUS shoreward of the outer boundary of the PRIA fishery management area.

PRIA crustacean management unit species means the following crustaceans:

English
common name
Scientific name
Spiny lobsterPanulirus marginatus, Panulirus penicillatus.
Slipper lobsterScyllaridae.
Kona crabRanina ranina.
Deepwater shrimpHeterocarpus. spp.

§665.642   Permits.

(a) Applicability. (1) The owner of any vessel used to fish for lobster in Permit Area 4 must have a permit issued for that vessel.

(2) The owner of any vessel used to fish for deepwater shrimp in Crustacean Permit Area 4 must have a permit issued for that vessel.

(b) General requirements. General requirements governing application information, issuance, fees, expiration, replacement, transfer, alteration, display, sanctions, and appeals for permits issued under this section, as applicable, are contained in §665.13.

(c) Application. An application for a permit required under this section will be submitted to PIRO as described in §665.13. If the application for a limited access permit is submitted on behalf of a partnership or corporation, the application must be accompanied by a supplementary information sheet obtained from PIRO and contain the names and mailing addresses of all partners or shareholders and their respective percentage of ownership in the partnership or corporation.

§665.643   Prohibitions.

In addition to the general prohibitions specified in §600.725 of this chapter and §665.15, it is unlawful for any person in Crustacean Permit Area 4 to fish for, take, or retain deepwater shrimp without a permit issued under §665.642.

§665.644   Notifications.

(a) The operator of any vessel subject to the requirements of this subpart must:

(1) Report, not less than 24 hours, but not more than 36 hours, before landing, the port, the approximate date and the approximate time at which spiny and slipper lobsters will be landed.

(2) Report, not less than 6 hours and not more than 12 hours before offloading, the location and time that offloading of spiny and slipper lobsters will begin.

(b) The Regional Administrator will notify permit holders of any change in the reporting method and schedule required in paragraphs (a)(1) and (2) of this section at least 30 days prior to the opening of the fishing season.

§665.645   At-sea observer coverage.

All fishing vessels subject to §§665.640 through 665.645 and subpart A of this part must carry an observer when requested to do so by the Regional Administrator.

§§665.646-665.659   [Reserved]

§665.660   PRIA precious coral fisheries. [Reserved]

§665.661   Definitions.

As used in §§665.660 through 665.669:

PRIA precious coral management unit species (PRIA precious coral MUS) means any coral of the genus Corallium in addition to the following species of corals:

English
common name
Scientific name
Pink coral (also known as red coral)Corallium secundum, Corallium regale, Corallium laauense.
Gold coralGerardia spp., Callogorgia gilberti, Narella spp., Calyptrophora spp.
Bamboo coralLepidisis olapa, Acanella spp.
Black coralAntipathes dichotoma, Antipathes grandis, Antipathes ulex.

PRIA precious coral permit area means the area encompassing the precious coral beds within the EEZ around the PRIA. Each bed is designated by a permit area code and assigned to one of the following four categories:

(1) Established beds. [Reserved]

(2) Conditional beds. [Reserved]

(3) Refugia. [Reserved]

(4) Exploratory Area. Permit Area X-P-PI includes all coral beds, other than established beds, conditional beds, or refugia, in the EEZ seaward Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll and Wake Island.

§665.662   Permits.

(a) Any vessel of the United States fishing for, taking, or retaining PRIA precious coral MUS in any PRIA precious coral permit area must have a permit issued under §665.13.

(b) Each permit will be valid for fishing only in the permit area specified on the permit. Precious Coral Permit Areas are defined in §665.661.

(c) No more than one permit will be valid for any one vessel at any one time.

(d) No more than one permit will be valid for any one person at any one time.

(e) The holder of a valid permit to fish one permit area may obtain a permit to fish another permit area only upon surrendering to the Regional Administrator any current permit for the precious coral fishery issued under §665.13.

(f) General requirements governing application information, issuance, fees, expiration, replacement, transfer, alteration, display, sanctions, and appeals for permits for the precious coral fishery are contained in §665.13.

§665.663   Prohibitions.

In addition to the general prohibitions specified in §600.725 of this chapter and in §665.15, it is unlawful for any person to:

(a) Use any vessel to fish for, take, retain, possess or land PRIA precious coral MUS in any precious coral permit area, unless a permit has been issued for that vessel and area as specified in §665.13 and that permit is on board the vessel.

(b) Fish for, take, or retain any species of PRIA precious coral MUS in any precious coral permit area:

(1) By means of gear or methods prohibited by §665.664.

(2) In refugia specified in §665.661.

(3) In a bed for which the quota specified in §665.667 has been attained.

(4) In violation of any permit issued under §§665.13 or 665.17.

(5) In a bed that has been closed pursuant to §§665.666 or 665.669.

(c) Take and retain, possess, or land any live pink coral or live black coral from any precious coral permit area that is less than the minimum height specified in §665.665 unless:

(1) A valid EFP was issued under §665.17 for the vessel and the vessel was operating under the terms of the permit; or

(2) The coral originated outside coral beds listed in this paragraph, and this can be demonstrated through receipts of purchase, invoices, or other documentation.

§665.664   Gear restrictions.

Only selective gear may be used to harvest coral from any precious coral permit area.

§665.665   Size restrictions.

The height of a live coral specimen shall be determined by a straight line measurement taken from its base to its most distal extremity. The stem diameter of a living coral specimen shall be determined by measuring the greatest diameter of the stem at a point no less than 1 inch (2.54 cm) from the top surface of the living holdfast.

(a) Live pink coral harvested from any precious coral permit area must have attained a minimum height of 10 inches (25.4 cm).

(b) Black coral. Live black coral harvested from any precious coral permit area must have attained either a minimum stem diameter of 1 inch (2.54 cm), or a minimum height of 48 inches (122 cm).

§665.666   Closures.

(a) If the Regional Administrator determines that the harvest quota for any coral bed will be reached prior to the end of the fishing year, NMFS shall publish a notice to that effect in the Federal Register and shall use other means to notify permit holders. Any such notice must indicate the reason for the closure, the bed being closed, and the effective date of the closure.

(b) A closure is also effective for a permit holder upon the permit holder's actual harvest of the applicable quota.

§665.667   Quotas.

(a) General. The quotas limiting the amount of precious coral that may be taken in any precious coral permit area during the fishing year are listed in §665.667(d). Only live coral is counted toward the quota. The accounting period for all quotas begins July 1, 1983.

(b) Conditional bed closure. A conditional bed will be closed to all nonselective coral harvesting after the quota for one species of coral has been taken.

(c) Reserves and reserve release. The quotas for exploratory area, X-P-PI, will be held in reserve for harvest by vessels of the United States in the following manner: (1) At the start of the fishing year, the reserve for the PRIA exploratory area will equal the quota minus the estimated domestic annual harvest for that year. (2) As soon as practicable after December 31 each year, the Regional Administrator will determine the amount harvested by vessels of the United States between July 1 and December 31 of the year that just ended on December 31. (3) NMFS will release to TALFF an amount of precious coral for each exploratory area equal to the quota minus two times the amount harvested by vessels of the United States in that July 1-December 31 period. (4) NMFS will publish in the Federal Register a notification of the Regional Administrator's determination and a summary of the information on which it is based as soon as practicable after the determination is made.

(d) PRIA exploratory permit area, X-P-PI, has an annual quota of 1,000 kg for all precious coral MUS combined with the exception of black corals.

§665.668   Seasons.

The fishing year for precious coral begins on July 1 and ends on June 30 the following year.

§665.669   Gold coral harvest moratorium.

Fishing for, taking, or retaining any gold coral in any precious coral permit area is prohibited through June 30, 2023.

[83 FR 27717, June 14, 2018]

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