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Electronic Code of Federal Regulations

e-CFR data is current as of December 5, 2019

Title 50Chapter VIPart 665 → Subpart G


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


Subpart G—Marianas Trench Marine National Monument


Contents
§665.900   Scope and purpose.
§665.901   Boundaries.
§665.902   Definitions.
§665.903   Prohibitions.
§665.904   Regulated activities.
§665.905   Fishing permit procedures and criteria.
§665.906   International law.

Source: 78 FR 33003, June 3, 2013, unless otherwise noted.

§665.900   Scope and purpose.

The regulations in this subpart codify certain provisions of the Proclamation, and govern the administration of fishing in the Monument. Nothing in this subpart shall be deemed to diminish or enlarge the jurisdiction of the Territory of Guam or the Commonwealth of the Northern Mariana Islands.

§665.901   Boundaries.

The Marianas Trench Marine National Monument includes the following:

(a) Islands Unit. The Islands Unit includes the waters and submerged lands of the three northernmost Mariana Islands (Farallon de Pajaros (Uracas), Maug, and Asuncion). The shoreward boundary of the Islands Unit is the mean low water line. The seaward boundary of Islands Unit is defined by straight lines connecting the following coordinates in the order listed:

IDE. long.N. lat.
1144°122.9721°2342.40
2145°3325.2021°2342.40
3145°4431.1421°1114.60
4146°1836.7520°4917.46
5146°1836.7519°220.00
6145°312.2219°220.00
7144°122.9720°4544.11
1144°122.9721°2342.40

(b) Volcanic Unit. The Volcanic Unit includes the submerged lands of designated volcanic sites. The boundaries of the Volcanic Unit are defined as circles of a one nautical mile radius centered on each of the following points:

IDE. long.N. lat.
Fukujin143°273021°5630
Minami Kasuga #2143°383021°3636
N.W. Eifuku144°23621°2915
Minami Kasuga #3143°38021°240
Daikoku144°113921°1927
Ahyi145°14520°2615
Maug145°131820°115
Alice Springs144°30018°120
Central trough144°45018°10
Zealandia145°51416°5257
E. Diamante145°404715°5631
Ruby145°342415°3615
Esmeralda145°144514°5730
N.W. Rota #1144°463014°360
W. Rota144°50014°1930
Forecast143°551213°2330
Seamount X144°1013°1448
South Backarc143°37812°5712
Archaean site143°375512°5623
Pika site143°385512°557
Toto143°314212°4248

(c) Trench Unit. The Trench Unit includes the submerged lands of the Marianas Trench. The boundary of the Trench Unit extends from the northern limit of the EEZ around the Commonwealth of the Northern Mariana Islands to the southern limit of the EEZ around Guam as defined by straight lines connecting the following coordinates in the order listed:

IDE. long.N. lat.
1145°54623°5335
2145°5227.1023°4550.54
3146°3618.9123°2918.33
4147°516.8423°1143.92
5147°2231.4320°3841.35
6147°4048.3119°5923.30
7147°3959.5119°272.96
8147°4851.6119°818.74
9148°2147.2018°566.46
10148°4250.5017°582.20
11148°3447.1216°4053.86
12148°539.9515°2551.09
13146°2324.3812°2138.38
14145°2833.2811°347.64
15143°3910°5730
16142°1954.9311°4724.83
17144°4231.2412°2124.65
18145°1759.9312°335.35
19147°2932.2415°4925.53
20147°2732.3517°5752.76
21147°2016.9619°919.41
22146°5755.3120°2358.80
23145°4431.1421°1114.60
24144°527.5523°228.67
1145°54623°5335

§665.902   Definitions.

The following definitions are used in this subpart:

Management unit species or MUS means the Mariana Archipelago management unit species as defined in §§665.401, 665.421, 665.441, and 665.461, and the pelagic management unit species as defined in §665.800.

Monument means the submerged lands and, where applicable, waters of the Marianas Trench Marine National Monument as defined in §665.901.

Proclamation means Presidential Proclamation 8335 of January 6, 2009, “Establishment of the Marianas Trench Marine National Monument.”

§665.903   Prohibitions.

In addition to the general prohibitions specified in §600.725 of this chapter, and §665.15 and subpart D of this part, the following activities are prohibited in the Islands Unit and, thus, unlawful for a person to conduct or cause to be conducted.

(a) Commercial fishing in violation of §665.904(a).

(b) Non-commercial fishing, except as authorized under permit and pursuant to the procedures and criteria established in §665.905.

(c) Transferring a permit in violation of §665.905(d).

(d) Commercial fishing outside the Islands Unit and non-commercial fishing within the Islands Unit on the same trip in violation of §665.904(c).

[78 FR 33003, June 3, 2013, as amended at 78 FR 39583, July 2, 2013]

§665.904   Regulated activities.

(a) Commercial fishing is prohibited in the Islands Unit.

(b) Non-commercial fishing is prohibited in the Islands Unit, except as authorized under permit and pursuant to the procedures and criteria established in §665.905.

(c) Commercial fishing outside the Islands Unit and non-commercial fishing within the Islands Unit during the same trip is prohibited.

[78 FR 33003, June 3, 2013, as amended at 78 FR 39583, July 2, 2013]

§665.905   Fishing permit procedures and criteria.

(a) Marianas Trench Monument Islands Unit non-commercial permit—(1) Applicability. Both the owner and operator of a vessel used to non-commercially fish for, take, retain, or possess MUS in the Islands Unit must have a permit issued under this section, and the permit must be registered for use with that vessel.

(2) Eligibility criteria. A permit issued under this section may be issued only to a community resident of Guam or the CNMI.

(3) Terms and conditions. (i) Customary exchange of fish harvested within the Islands Unit under a non-commercial permit is allowed, except that customary exchange by fishermen engaged in recreational fishing is prohibited.

(ii) Monetary reimbursement under customary exchange shall not exceed actual fishing trip expenses, including but not limited to ice, bait, fuel, or food.

(b) Marianas Trench Monument Islands Unit recreational charter permit—(1) Applicability. Both the owner and operator of a vessel chartered to recreationally fish for, take, retain, or possess MUS in the Islands Unit must have a permit issued under this section, and the permit must be registered for use with that vessel. Charter boat customers are not required to obtain a permit.

(2) Eligibility criteria. To be eligible for a permit issued under this section, a charter business must be established legally under the laws of Guam or the CNMI.

(3) Terms and conditions. (i) The sale or exchange through barter or trade of fish caught in the Monument by a charter boat is prohibited.

(ii) No MUS harvested under a recreational charter fishing permit may be used for the purposes of customary exchange.

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

(d) Transfer. A permit issued under this section is not transferrable.

(e) Reporting and recordkeeping. The operator of a vessel subject to the requirements of this section must comply with the terms and conditions described in §665.14.

[78 FR 33003, June 3, 2013, as amended at 78 FR 39583, July 2, 2013]

§665.906   International law.

The regulations in this subpart shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States (including foreign flag vessels) unless in accordance with international law.

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