Western Pacific Fisheries; Fishing in the Marianas Trench, Pacific Remote Islands, and Rose Atoll Marine National Monuments, 12015-12030 [2013-03873]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 78, Number 35 (Thursday, February 21, 2013)]
[Proposed Rules]
[Pages 12015-12030]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03873]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 110819515-3085-01]
RIN 0648-BA98


Western Pacific Fisheries; Fishing in the Marianas Trench, 
Pacific Remote Islands, and Rose Atoll Marine National Monuments

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 12016]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to establish requirements for fishing in the 
Marianas Trench, Pacific Remote Islands, and Rose Atoll Marine National 
Monuments. The proposed rule is intended to implement fishery 
management measures consistent with Presidential Proclamations 8335, 
8336, and 8337 that established the Monuments.

DATES: NMFS must receive comments on the proposed rule by April 8, 
2013.

ADDRESSES: You may submit comments on this proposed rule, identified by 
NOAA-NMFS-2012-0070, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2012-0070, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Send written comments to Michael D. Tosatto, 
Regional Administrator, NMFS Pacific Islands Region (PIR), 1601 
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous), and will accept attachments to electronic comments in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    The Western Pacific Fishery Management Council (Council) prepared 
Amendment 3 to the Fishery Ecosystem Plan for the Mariana Archipelago, 
Amendment 2 to the Fishery Ecosystem Plan for the Pacific Remote Island 
Areas, Amendment 3 to the Fishery Ecosystem Plan for American Samoa, 
and Amendment 6 to the Fishery Ecosystem Plan for Pelagic Fisheries of 
the Western Pacific. The amendments are presented as a single document, 
which includes background information on this proposed rule, an 
environmental assessment, and a regulatory impact review. You may 
obtain the draft amendment document from www.regulations.gov or from 
the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-
522-8220, fax 808-522-8226, or from www.wpcouncil.org.
    You may submit written comments regarding the burden-hour estimates 
or other aspects of the collection-of-information requirements 
contained in this proposed rule to Michael D. Tosatto (see ADDRESSES) 
and by email to OIRA_Submission@omb.eop.gov or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIR Sustainable 
Fisheries, tel 808-944-2108.

SUPPLEMENTARY INFORMATION: The Council and NMFS manage fisheries 
through fishery ecosystem plans for American Samoa, the Mariana 
Archipelago (Guam and the Commonwealth of the Northern Mariana Islands 
(CNMI)), the Pacific Remote Islands (PRI), Hawaii, and western Pacific 
pelagic fisheries. Fishing regulations for the western Pacific are 
found mostly in Title 50 of the Code of Federal Regulations, Part 665 
(50 CFR 665).
    In 2009, President Bush issued Presidential Proclamations that 
established three marine national monuments in the central and western 
Pacific under the authority of the Antiquities Act, as follows:
     Proclamation 8335 of January 6, 2009, ``Establishment of 
the Marianas Trench Marine National Monument'' (74 FR 1557, January 12, 
2009).
     Proclamation 8336 of January 6, 2009, ``Establishment of 
the Pacific Remote Islands Marine National Monument'' (74 FR 1565, 
January 12, 2009).
     Proclamation 8337 of January 6, 2009, ``Establishment of 
the Rose Atoll Marine National Monument'' (74 FR 1577, January 12, 
2009).
    The proclamations recognize that it is in the public interest to 
preserve these submerged lands, waters, and marine resources, which are 
biologically diverse, contain sites of historical and scientific 
interest, and are essential to the long-term study of tropical marine 
ecosystems. For more detailed information regarding the marine 
resources and background for the management of the Monuments, please 
refer to the Proclamations, available at www.regulations.gov.
    Among other things, the Proclamations define the Monuments' 
boundaries, prohibit commercial fishing, and describe the management of 
Monument resources. The Proclamations direct the Secretary of Commerce 
to take action under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) to regulate fisheries and ensure 
proper care and management of the monument, including allowing for 
traditional indigenous fishing practices. The Council recommended 
incorporating the Proclamations' fishery management provisions into its 
fishery ecosystem plans, and recommended that NMFS establish certain 
provisions relating to traditional indigenous fishing practices. This 
proposed rule would implement the Council's recommendations.
    The Marianas Trench Marine National Monument (Fig. 1) includes the 
waters and submerged lands of the three northernmost islands of the 
CNMI (Farallon de Pajaros (Uracas), Maug, and Asuncion, collectively 
the ``Islands Unit''), the submerged lands of designated volcanic sites 
(``Volcanic Unit''), and the Marianas Trench (``Trench Unit''). The 
Pacific Remote Islands Marine National Monument (Figs. 2 through 6) 
includes the waters and submerged and emergent lands of Wake Island, 
Baker Island, Howland Island, and Jarvis Islands, Johnston Atoll, 
Kingman Reef, and Palmyra Atoll (``Pacific Remote Islands''), seaward 
to a distance approximately 50 nautical miles (nm). The Rose Atoll 
Marine National Monument in American Samoa (Fig. 7) includes the 
emergent and submerged lands and waters of Rose Atoll, seaward to a 
distance approximately 50 nm.
    Consistent with the Proclamations, and based on recommendation from 
the Council, this proposed rule would create new subparts in 50 CFR 
Part 665, one for each of the three Monuments. Briefly, the proposed 
rule would implement new requirements as follows:

 Codify the boundaries of the Monuments and their various 
management units.
 Prohibit commercial fishing in the Pacific Remote Islands and 
Rose Atoll Monuments, and in the Islands Unit of the Marianas Trench 
Monument.
 Establish management measures for non-commercial and 
recreational fishing in the Monuments, including but not limited to the 
following:
    [cir] Require Federal permits and reporting for non-commercial and 
recreational charter fishing to aid in the monitoring of fishing 
activities.
    [cir] Allow customary exchange in non-commercial fisheries in the

[[Page 12017]]

Marianas Trench and Rose Atoll Marine National Monuments to help 
preserve traditional, indigenous, and cultural fishing practices.
    [cir] Define customary exchange as the non-market exchange of 
marine resources between fishermen and community residents for goods, 
and/or services for cultural, social, or religious reasons, and which 
may include cost recovery through monetary reimbursements and other 
means for actual trip expenses (ice, bait, food, or fuel) that may be 
necessary to participate in fisheries in the western Pacific.
    [cir] Limit permit eligibility for non-commercial fishing to 
community residents, as identified in the fishery ecosystem plans--
specifically, American Samoa, Guam and the CNMI are fishing 
communities--and limit permit eligibility for recreational charters to 
businesses of local fishing communities for the Rose Atoll Monument and 
Marianas Monument Islands Unit.
    [cir] Prohibit all fishing within 12 nm of the Pacific Remote 
Islands, subject to U.S. Fish & Wildlife Service authority to allow 
non-commercial fishing in consultation with NMFS and the Council.
    [cir] Prohibit all fishing within 12 nm around Rose Atoll. The 
Council and NMFS would review this regulation after three years.
     Prohibit the conduct of commercial fishing outside the 
Monument and non-commercial fishing within the Monument during the same 
trip.

    NMFS would make administrative housekeeping changes to the Federal 
permit and reporting requirements at 50 CFR 665.13 and 665.14, and the 
vessel identification requirements at 50 CFR 665.16 to incorporate the 
new permits that this proposed rule would establish.
    NMFS would also make administrative housekeeping changes to the 
requirements for low-use marine protected areas in the Pacific Remote 
Islands. NMFS currently allows limited fishing within certain areas of 
the Pacific Remote Islands (at Johnston Atoll, Palmyra Atoll, and Wake 
Island). Because this proposed rule would prohibit fishing within 12 nm 
of the islands, it supersedes the provisions allowing fishing in the 
low-use marine protected areas. To eliminate the potential conflicting 
requirements, NMFS would remove the provisions allowing limited take in 
the monument areas; specifically, the definition of the low-use area at 
50 CFR 665.599, applicable permit provisions at 50 CFR 665.624, and the 
related prohibition at 50 CFR 665.625.
    NMFS must receive any public comments on this proposed rule by the 
close of business on April 8, 2013, and will not consider late 
comments. In addition to soliciting public comments on this proposed 
rule, NMFS is soliciting comments through April 2, 2013, on proposed 
amendments to the Fishery Ecosystem Plans for the Marianas Archipelago, 
the Pacific Remote Island Areas, American Samoa, and Western Pacific 
Pelagics Fisheries, as stated in the Notice of Availability published 
on February 2, 2013 (78 FR 7385). The Secretary of Commerce will 
consider public comments on this proposed rule in the decision to 
approve, disapprove, or partially approve the FEP amendments, if NMFS 
receives such comments by April 2, 2013.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the Fishery Ecosystem Plans for the Mariana 
Archipelago, the Pacific Remote Island Areas, American Samoa, and 
Western Pacific Pelagics Fisheries, other provisions of the Magnuson-
Stevens Act, and other applicable laws, subject to further 
consideration after public comment.

Executive Order 12866

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The analysis follows.
    In January 2009, President George W. Bush established, by 
Presidential Proclamations, three marine national monuments in the 
western Pacific. Consistent with these proclamations, this proposed 
rule would prohibit commercial fishing in the Rose Atoll and Pacific 
Remote Islands (PRI) Monuments, and within the Islands Unit of the 
Marianas Trench Monuments. The proposed rule would also establish 
provisions for managing non-commercial fishing activities in the 
Monuments. These provisions include, among other requirements: managing 
non-commercial fishing with Federal permit and reporting requirements 
to aid in the monitoring of fishing activities, limiting non-commercial 
fishing eligibility to residents and businesses of local fishing 
communities, allowing customary exchange, and creating certain no-take/
no-fishing marine protected areas.
    The proposed rule would apply to the following categories (as 
determined by the SBA) of small entities: commercial fishing vessels 
and recreational charter fishing vessels. NMFS believes that businesses 
operating as recreational charter and commercial fishing vessels in the 
Territories and in Hawaii would be considered small entities, with 
annual revenues below $7 million and $4 million, respectively. The 
proposed rule would apply to hundreds of vessels, regardless of gear 
type and size, many of which are primarily non-commercial fishing 
vessels that occasionally sell fish or take clients out on charter 
fishing trips. However, as discussed below, the rule will likely have 
little effect on overall commercial fishing and charter fishing 
activities relative to the status quo.
    Fishing activity within the areas now contained in the Monuments 
has historically been low, even prior to the Proclamations. One recent 
study estimated that historically, about three trips with the primary 
purpose of fishing (commercial or non-commercial) were made annually to 
what is now the Islands Unit of the Marianas Trench Monument between 
1970 and 2010. As for the PRI, commercial fishing within 50 nm of each 
island was prohibited by the Proclamation. Fishing activities around 
the Pacific Remote Island Areas (PRIA) outside the monument is 
currently low. As of January 2013, the type and number of PRIA fishing 
permits issued are as follows: PRIA troll handline (3), PRIA bottomfish 
(0), PRIA crustaceans (0), PRIA precious corals (0) and PRIA coral reef 
ecosystem (0). Longline and purse seine fishing has also occurred in 
the EEZ around the PRIA, outside Monument waters, in recent years. 
Within the PRI Monument, based on anecdotal information, a small amount 
of recreational fishing may be occurring by charter vessels visiting 
Palmyra Atoll from Hawaii. Fishing effort, both commercial and non-
commercial, around Rose Atoll is unknown, but likely to be low, as most 
fishing occurs closer to the shoreline of more populated areas of 
Tutuila and Manua. With limited information on commercial, non-
commercial, and recreational fishing in and around the Monuments, NMFS 
based the analysis provided in the Environmental

[[Page 12018]]

Assessment in support of the proposed action assuming that 10 vessels 
each would make one non-commercial or charter fishing trip annually to 
the Marianas Trench, 10 vessels each would make one trip annually to 
Rose Atoll, and 15 vessels each would make one trip annually to PRI.
    Commercial fishing within the Rose Atoll and PRI Monuments, and the 
Islands Unit of the Mariana Trench Monument was banned through the 
Proclamations in 2009, so this proposed rule only codifies an existing 
prohibition on commercial fishing. However, a few provisions of this 
proposed rule could potentially affect businesses operating commercial 
fishing and charter fishing vessels. The proposed action prohibits 
fishing vessels from conducting commercial fishing outside the Monument 
boundaries and non-commercial fishing inside the Monument during the 
same trip. Any fishermen who wish to sell fish caught during their trip 
would not be able to go to any of the Monuments to fish recreationally 
or non-commercially; this applies to all fishing vessels, as well as 
charter fishing vessels. This is likely to have little to no effect on 
revenues, as fishermen whose primary trip goal is to earn revenue, 
however modest, will choose not to fish non-commercially in Monument 
waters.
    Recreational charter vessel owners and operators would generally be 
allowed to continue to take recreational charter fishing trips to the 
Monuments; however, they cannot sell, barter, or trade fish caught 
within the Rose Atoll and PRI Monuments, or fish caught within the 
Islands Unit of the Marianas Trench Monument, nor can they supplement 
trip fee revenues by selling fish caught outside of these Monument 
boundaries during non-commercial or recreational fishing trips into 
these areas.
    In general, the primary revenue sources for charter fishing vessels 
are boat charter fees paid by customers, and any revenue earned from 
selling fish would supplement trip fees. Sales of fish caught outside 
the Rose Atoll and PRI Monuments, and the Islands Unit of the Marianas 
Trench Monument are still permitted, as long as no fish were caught 
inside those areas on the same trip. The restriction on supplemental 
fish sales is not expected to have a significant impact to small 
entities operating charter fishing trips to Rose Atoll and PRI 
Monuments or the Islands Unit of the Marianas Trench Monument because 
the overall number of recreational fishing trips to any of the three 
Monuments is likely to be less than ten to fifteen each year, and that 
number is likely very small relative to the total number of charter 
fishing trips by the affected vessels taken outside the Monuments 
annually.
    Any fishermen wishing to fish non-commercially in Rose Atoll or in 
the Islands Unit of the Marianas Trench Marine National Monument would 
be subject to new community residency requirements under the proposed 
action. Fishermen who are community residents of American Samoa may 
fish in Rose Atoll, while those who wish to fish in the Islands Unit of 
the Marianas Trench Monument must be community residents of Guam or 
CNMI. These restrictions are necessary to ensure that customary 
exchange does not provide a toehold for commercial fishing, which is 
prohibited by the Proclamations. Residency requirements do not apply to 
those who wish to fish in PRI Monument or in the Volcano or Trench 
Units of the Marianas Trench Monument. A recreational fishing charter 
business operating in the Rose Atoll Monument must be legally 
established in American Samoa, and a recreational fishing charter 
business operating in the Islands Unit of the Marianas Trench Monument 
must be legally established in Guam or the CNMI. This could adversely 
affect U.S. charter fishing vessels that do not meet the community 
residency requirements that would otherwise choose to apply for a 
permit to fish in Rose Atoll or the Islands Unit. With the limited 
number of trips to these areas, and most, if not all, made by residents 
of the local fishing community, NMFS predicts that the new community 
residency requirements would affect few, if any, small entities.
    Both recreational charter fishermen and non-commercial fishermen 
who wish to fish in the Monuments would be required to obtain Federal 
permits and complete logbook reports. These would be new requirements, 
except for non-commercial fishermen in the PRI Monument, who would be 
subject to existing permit requirements. The purpose of these 
requirements is to allow NMFS and the Council to track and evaluate 
non-commercial fishing in the Monuments. The time incurred to meet 
these requirements is estimated to be 15 minutes for each applicant to 
complete a permit application for each vessel annually and 20 minutes 
to complete a daily trip log sheet per trip. NMFS will charge a minor 
fee to process permit applications, the amount to be determined in 
accordance with the NOAA Finance Manual. Information provided as part 
of the permitting requirement includes vessel-specific information 
while information requested in the daily logbook reports include fish 
species caught and fishing location. Fulfilling these requirements is 
not expected to require any professional skills that vessel owner and 
operators do not already possess. Given the low number of non-
commercial fishing trips taken by non-commercial fishermen, including 
small commercial entities, to the monuments, NMFS conservatively 
estimates that each permitted charter fishing vessel and non-commercial 
fishing vessel will take one trip to any of the Monuments per year. The 
environmental assessment for the proposed action estimates 35 non-
commercial fishing permit applications per year. There is insufficient 
information to develop an estimate as to what proportion of these 
applications would be from businesses operating charter vessels, rather 
than non-commercial fishermen fishing for sustenance or to maintain 
traditional cultural practices.
    NMFS also considered, among other alternatives, taking no action to 
implement the Council recommendation. Because commercial fishing within 
the Monuments has been banned under the Proclamations since 2009, the 
analysis of economic impacts to small entities of implementing the 
proposed action considers codifying the commercial fishing ban as part 
of the baseline economic environment, and does not consider the ban on 
commercial fishing within Monument waters as an incremental economic 
impact of implementing the proposed action. Continuing to take no 
action would have small positive economic impacts on commercial fishing 
and recreational charter fishing vessels relative to the preferred 
action because it would allow non-commercial fishing within the 
Monuments, would allow fishing vessel to conduct commercial fishing 
outside the Monument boundaries and non-commercial fishing inside the 
Monument during the same trip, and would not impose permitting and 
logbook requirements. However, the No Action Alternative does not meet 
the objective of establishing requirements for fishing activities in 
the Monuments, including managing non-commercial fishing as a 
sustainable activity.
    The proposed rule does not duplicate, overlap, or conflict with 
other Federal rules and is not expected to have significant impact on 
small entities (as discussed above), organizations or government 
jurisdictions. There does not appear to be disproportionate economic 
impacts from the proposed rule based on home port, gear type, or 
relative vessel size. The proposed rule also will not place a 
substantial number

[[Page 12019]]

of small entities, or any segment of small entities, at a significant 
competitive disadvantage to large entities.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.

Paperwork Reduction Act

    This proposed rule contains a collection-of-information requirement 
that has been submitted to and is subject to review and approval by the 
Office of Management and Budget (OMB) under the Paperwork Reduction Act 
(PRA). NMFS will provide the OMB control number for the information 
collection when OMB clears the collection-of-information. The public 
reporting burden is described below, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection information.
    For both types of non-commercial fishing (non-commercial and 
recreational charter) combined, NMFS expects to receive up to 10 permit 
applications each year for Rose Atoll and the Marianas Islands Unit, 
each, and up to 15 permit applications a year for the Pacific Remote 
Islands Monument, for a total of 35 applications in a year. NMFS 
estimates that an application would take 15 minutes to complete, for a 
total maximum burden of 8.75 hours. If each fishing trip is three days, 
there could be 105 logbooks (35 trips x 3 days) in a year. At 20 
minutes per log sheet, the maximum reporting burden would be 35 hours 
per year. Therefore, NMFS expects the total maximum annual burden for 
permit applications and reporting to be 43.75 hr.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to Michael 
D. Tosatto (see ADDRESSES), and by email to OIRA_Submission@omb.eop.gov or by fax to 202-395-7285.
    This final rule also contains a collection-of-information 
requirement subject to the PRA, and which has been approved by the 
Office of Management and Budget (OMB) under control numbers 0648-0360, 
-0361, -0584, -0586, and -0589. The one-time public reporting burden 
for vessel identification requirements is estimated at 45 minutes and 
$100 in supplies per vessel. This includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 665

    Administrative practice and procedure, American Samoa, Commercial 
fishing, Commonwealth of the Northern Mariana Islands, Fisheries, Guam, 
Marianas Trench, Monuments and memorials, Pacific Remote Islands, Rose 
Atoll.

    Dated: February 13, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR chapter VI as follows:

PART 665--FISHERIES IN THE WESTERN PACIFIC

0
1. The authority citation for 50 CFR part 665 continues to read as 
follows:

    Authority:  16 U.S.C. 1801 et seq.

0
2. In Sec.  665.12, add the definitions of ``Customary exchange'' and 
``Recreational fishing,'' in alphabetical order, and revise the 
definition of ``Non-commercial fishing'' to read as follows:


Sec.  665.12  Definitions.

* * * * *
    Customary exchange means the non-market exchange of marine 
resources between fishermen and community residents for goods, and/or 
services for cultural, social, or religious reasons. Customary exchange 
may include cost recovery through monetary reimbursements and other 
means for actual trip expenses, including but not limited to ice, bait, 
fuel, or food, that may be necessary to participate in fisheries in the 
western Pacific.
* * * * *
    Non-commercial fishing means fishing that does not meet the 
definition of commercial fishing in the Magnuson-Stevens Fishery 
Conservation and Management Act, and includes, but is not limited to, 
sustenance, subsistence, traditional indigenous, and recreational 
fishing.
* * * * *
    Recreational fishing means fishing conducted for sport or pleasure, 
including charter fishing.
* * * * *
0
3. In Sec.  665.13,
0
a. Revise paragraphs (a), (c)(1), and (c)(2);
0
b. Revise paragraph (f)(2) introductory text, and add paragraphs 
(f)(2)(ix) through (f)(2)(xiii); and
0
c. Revise paragraph (g), to read as follows:
    The revisions and additions read as follows:


Sec.  665.13  Permits and fees.

    (a) Applicability. The requirements for permits for specific 
western Pacific fisheries are set forth in subparts B through I of this 
part.
* * * * *
    (c) * * *
    (1) An application for a permit to operate in a Federal western 
Pacific fishery that requires a permit and is regulated under subparts 
B through I of this part may be obtained from NMFS PIRO. The completed 
application must be submitted to PIRO for consideration. In no case 
shall PIRO accept an application that is not on a Federal western 
Pacific fisheries permit application form.
    (2) A minimum of 15 days after the day PIRO receives a complete 
application should be allowed for processing the application for 
fisheries under subparts B through I of this part. If an incomplete or 
improperly completed application is filed, NMFS will notify the 
applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 days following the date of the letter of 
notification of deficiency, the application will be administratively 
closed.
* * * * *
    (f) * * *
* * * * *
    (2) PIRO will charge a non-refundable processing fee for each 
application (including transfer and renewal) for each permit listed in 
paragraphs (f)(2)(i) through (f)(2)(xiii) of this section. The amount 
of the fee is calculated in accordance with the procedures of the NOAA 
Finance Handbook for determining the administrative costs

[[Page 12020]]

incurred in processing the permit. The fee may not exceed such costs. 
The appropriate fee is specified with each application form and must 
accompany each application. Failure to pay the fee will preclude the 
issuance, transfer, or renewal of any of the following permits:
* * * * *
    (ix) Marianas Trench Monument non-commercial permit.
    (x) Marianas Trench Monument recreational charter permit.
    (xi) Pacific Remote Islands Monument recreational charter permit.
    (xii) Rose Atoll Monument non-commercial permit.
    (xiii) Rose Atoll Monument recreational charter permit.
* * * * *
    (g) Expiration. A permit issued under subparts B through I of this 
part is valid for the period specified on the permit unless revoked, 
suspended, transferred, or modified under 15 CFR part 904.
* * * * *
0
4. In Sec.  665.14 revise paragraphs (b)(1)(i) and (b)(2)(iv) to read 
as follows:


Sec.  665.14  Reporting and recordkeeping.

* * * * *
    (b) * * *
    (1) * * *.
    (i) The operator of a fishing vessel subject to the requirements of 
Sec. Sec.  665.124, 665.142, 665.162, 665.203(a)(2), 665.224, 665.242, 
665.262, 665.404, 665.424, 665.442, 665.462, 665.603, 665.624, 665.642, 
665.662, 665.801, 665.905, 665.935, or 665.965 must maintain on board 
the vessel an accurate and complete record of catch, effort, and other 
data on paper report forms provided by the Regional Administrator, or 
electronically as specified and approved by the Regional Administrator, 
except as allowed in paragraph (b)(1)(iii) of this section.
* * * * *
    (2) * * *
* * * * *
    (iv) If fishing was authorized under a permit pursuant to 
Sec. Sec.  665.124, 665.224, 665.424, 665.624, 665.905, 665.935, or 
665.965, the original logbook information for each day of fishing must 
be submitted to the Regional Administrator within 30 days of the end of 
each fishing trip.
* * * * *
0
5. In Sec.  665.16 revise paragraph (a)(3) to read as follows:


Sec.  665.16  Vessel identification.

    (a) * * *
    (3) A vessel that is registered for use with a valid permit issued 
under Subparts B through E and Subparts G through I of this part must 
be marked in accordance with paragraph (b) of this section.
* * * * *
0
6. Revise Sec.  665.599 to read as follows:


Sec.  665.599  Area restrictions.

    Except as provided in Sec.  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.
0
7. Remove and reserve Sec.  665.624 paragraph (a)(1)(i) to read as 
follows:


Sec.  665.624  Permits and fees.

    (a) * * *
    (1) * * *
    (i) [Reserved]
* * * * *
0
8. Remove and reserve Sec.  665.625 paragraphs (a) and (b)(3) to read 
as follows:


Sec.  665.625  Prohibitions.

    (a) [Reserved]
    (b) * * *
    (3) [Reserved]
* * * * *
0
9. In 50 CFR part 665, add subparts G, H, and I to read as follows:
Subpart G--Marianas Trench Marine National Monument
Sec.
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.
Subpart H--Pacific Remote Islands Marine National Monument
Sec.
665.930 Scope and purpose.
665.931 Boundaries.
665.932 Definitions.
665.933 Prohibitions.
665.934 Regulated activities.
665.935 Fishing permit procedures and criteria.
665.936 International law.
Subpart I--Rose Atoll Marine National Monument
Sec.
665.960 Scope and purpose.
665.961 Boundaries.
665.962 Definitions.
665.963 Prohibitions.
665.964 Regulated activities.
665.965 Fishing permit procedures and criteria.
665.966 International law.

Subpart G--Marianas Trench Marine National Monument


Sec.  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 these regulations shall be deemed to diminish or enlarge the 
jurisdiction of the Territory of Guam or the Commonwealth of the 
Northern Mariana Islands.


Sec.  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:

------------------------------------------------------------------------
             ID                     E. long.               N. lat.
------------------------------------------------------------------------
1...........................  144[deg]1'22.97''     21[deg]23'42.40''
2...........................  145[deg]33'25.20''    21[deg]23'42.40''
3...........................  145[deg]44'31.14''    21[deg]11'14.60''
4...........................  146[deg]18'36.75''    20[deg]49'17.46''
5...........................  146[deg]18'36.75''    19[deg]22'0.00''
6...........................  145[deg]3'12.22''     19[deg]22'0.00''
7...........................  144[deg]1'22.97''     20[deg]45'44.11''
1...........................  144[deg]1'22.97''     21[deg]23'42.40''
------------------------------------------------------------------------

     (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:

------------------------------------------------------------------------
             ID                     E. long.               N. lat.
------------------------------------------------------------------------
Fukujin.....................  143[deg]27'30''       21[deg]56'30''
Minami Kasuga 2....  143[deg]38'30''       21[deg]36'36''
N.W. Eifuku.................  144[deg]2'36''        21[deg]29'15''
Minami Kasuga 3....  143[deg]38'0''        21[deg]24'0''
Daikoku.....................  144[deg]11'39''       21[deg]19'27''
Ahyi........................  145[deg]1'45''        20[deg]26'15''

[[Page 12021]]

 
Maug........................  145[deg]13'18''       20[deg]1'15''
Alice Springs...............  144[deg]30'0''        18[deg]12'0''
Central trough..............  144[deg]45'0''        18[deg]1'0''
Zealandia...................  145[deg]51'4''        16[deg]52'57''
E. Diamante.................  145[deg]40'47''       15[deg]56'31''
Ruby........................  145[deg]34'24''       15[deg]36'15''
Esmeralda...................  145[deg]14'45''       14[deg]57'30''
N.W. Rota 1........  144[deg]46'30''       14[deg]36'0''
W. Rota.....................  144[deg]50'0''        14[deg]19'30''
Forecast....................  143[deg]55'12''       13[deg]23'30''
Seamount X..................  144[deg]1'0''         13[deg]14'48''
South Backarc...............  143[deg]37'8''        12[deg]57'12''
Archaean site...............  143[deg]37'55''       12[deg]56'23''
Pika site...................  143[deg]38'55''       12[deg]55'7''
Toto........................  143[deg]31'42''       12[deg]42'48''
------------------------------------------------------------------------

     (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:

------------------------------------------------------------------------
             ID                     E. long.               N. lat.
------------------------------------------------------------------------
1...........................  145[deg]5'46''        23[deg]53'35''
2...........................  145[deg]52'27.10''    23[deg]45'50.54''
3...........................  146[deg]36'18.91''    23[deg]29'18.33''
4...........................  147[deg]5'16.84''     23[deg]11'43.92''
5...........................  147[deg]22'31.43''    20[deg]38'41.35''
6...........................  147[deg]40'48.31''    19[deg]59'23.30''
7...........................  147[deg]39'59.51''    19[deg]27'2.96''
8...........................  147[deg]48'51.61''    19[deg]8'18.74''
9...........................  148[deg]21'47.20''    18[deg]56'6.46''
10..........................  148[deg]42'50.50''    17[deg]58'2.20''
11..........................  148[deg]34'47.12''    16[deg]40'53.86''
12..........................  148[deg]5'39.95''     15[deg]25'51.09''
13..........................  146[deg]23'24.38''    12[deg]21'38.38''
14..........................  145[deg]28'33.28''    11[deg]34'7.64''
15..........................  143[deg]3'9''         10[deg]57'30''
16..........................  142[deg]19'54.93''    11[deg]47'24.83''
17..........................  144[deg]42'31.24''    12[deg]21'24.65''
18..........................  145[deg]17'59.93''    12[deg]33'5.35''
19..........................  147[deg]29'32.24''    15[deg]49'25.53''
20..........................  147[deg]27'32.35''    17[deg]57''52.76''
21..........................  147[deg]20'16.96''    19[deg]9'19.41''
22..........................  146[deg]57'55.31''    20[deg]23'58.80''
23..........................  145[deg]44'31.14''    21[deg]11'14.60''
24..........................  144[deg]5'27.55''     23[deg]2'28.67''
1...........................  145[deg]5'46''        23[deg]53'35''
------------------------------------------------------------------------

Sec.  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 Sec. Sec.  665.401, 665.421, 
665.441, and 665.461, and the pelagic management unit species as 
defined in Sec.  665.800.
    Monument means the submerged lands and, where applicable, waters of 
the Marianas Trench Marine National Monument as defined in Sec.  
665.901.
    Proclamation means Presidential Proclamation 8335 of January 6, 
2009, ``Establishment of the Marianas Trench Marine National 
Monument.''


Sec.  665.903  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this part, and Sec.  665.15 and subpart D of this chapter, 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 Sec.  665.904(a).
    (b) Non-commercial fishing, except as authorized under permit and 
pursuant to the procedures and criteria established in Sec.  665.905.
    (c) Transferring a permit in violation of Sec.  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 Sec.  
665.904(c).


Sec.  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 Sec.  665.905.
    (c) Commercial fishing outside the Islands Unit and non-commercial 
fishing within the Islands Unit during the same trip is prohibited.


Sec.  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. 
Customary exchange of fish harvested under a non-commercial fishing 
permit in the Islands Unit may include family and friends of residents 
of CNMI and Guam fishing communities.
    (ii) Monetary reimbursement under customary exchange shall not 
exceed actual fishing trip expenses related 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 Sec.  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

[[Page 12022]]

requirements of this section must comply with the terms and conditions 
described in Sec.  665.14.


Sec.  665.906  International law.

    These regulations 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.

Subpart H--Pacific Remote Islands Marine National Monument


Sec.  665.930  Scope and purpose.

    The regulations in this subpart codify certain provisions of the 
Proclamation, and govern the administration of fishing in the Monument.


Sec.  665.931  Boundaries.

    The Monument, including the waters and submerged and emergent lands 
of Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman 
Reef, and Palmyra Atoll, is defined as follows:
    (a) Wake Island. The Wake Island unit of the Monument includes the 
waters and submerged and emergent lands around Wake Island within an 
area defined by straight lines connecting the following coordinates in 
the order listed:

------------------------------------------------------------------------
             ID                     E. long.               N. lat.
------------------------------------------------------------------------
1...........................  165[deg]42'56''       20[deg]9'27''
2...........................  167[deg]32'23''       20[deg]9'27''
3...........................  167[deg]32'23''       18[deg]25'51''
4...........................  165[deg]42'56''       18[deg]25'51''
1...........................  165[deg]42'56''       20[deg]9'27''
------------------------------------------------------------------------

     (b) Howland and Baker Islands. The Howland and Baker Islands units 
of the Monument include the waters and submerged and emergent lands 
around Howland and Baker Islands within an area defined by straight 
lines connecting the following coordinates in the order listed:

------------------------------------------------------------------------
             ID                     W. long.                Lat.
------------------------------------------------------------------------
1...........................  177[deg]27'7''        1[deg]39'15'' N.
2...........................  175[deg]38'32''       1[deg]39'15'' N.
3...........................  175[deg]38'32''       0[deg]38'33'' S.
4...........................  177[deg]27'7''        0[deg]38'33'' S.
1...........................  177[deg]27'7''        1[deg]39'15'' N.
------------------------------------------------------------------------

     (c) Jarvis Island. The Jarvis Island unit of the Monument includes 
the waters and submerged and emergent lands around Jarvis Island within 
an area defined by straight lines connecting the following coordinates 
in the order listed:

------------------------------------------------------------------------
             ID                     W. long.                Lat.
------------------------------------------------------------------------
1...........................  160[deg]50'52''       0[deg]28'39'' N.
2...........................  159[deg]8'53''        0[deg]28'39'' N.
3...........................  159[deg]8'53''        1[deg]13'15'' S.
4...........................  160[deg]50'52''       1[deg]13'15'' S.
1...........................  160[deg]50'52''       0[deg]28'39'' N.
------------------------------------------------------------------------

     (d) Johnston Atoll. The Johnston Atoll unit of the Monument 
includes the waters and submerged and emergent lands around Johnston 
Atoll within an area defined by straight lines connecting the following 
coordinates in the order listed:

------------------------------------------------------------------------
             ID                     W. long.               N. lat.
------------------------------------------------------------------------
1...........................  170[deg]24'37''       17[deg]35'39''
2...........................  168[deg]37'32''       17[deg]35'39''
3...........................  168[deg]37'32''       15[deg]53'26''
4...........................  170[deg]24'37''       15[deg]53'26''
1...........................  170[deg]24'37''       17[deg]35'39''
------------------------------------------------------------------------

     (e) Kingman Reef and Palmyra Atoll. The Kingman Reef and Palmyra 
Atoll units of the Monument include the waters and submerged and 
emergent lands around Kingman Reef and Palmyra Atoll within an area 
defined by straight lines connecting the following coordinates in the 
order listed:

------------------------------------------------------------------------
             ID                     W. long.               N. lat.
------------------------------------------------------------------------
1...........................  163[deg]11'16''       7[deg]14'38''
2...........................  161[deg]12'3''        7[deg]14'38''
3...........................  161[deg]12'3''        5[deg]20'23''
4...........................  161[deg]25'22''       5[deg]1'34''
5...........................  163[deg]11'16''       5[deg]1'34''
1...........................  163[deg]11'16''       7[deg]14'38''
------------------------------------------------------------------------

Sec.  665.932  Definitions.

    The following definitions are used in this subpart:
    Management unit species or MUS means the Pacific Remote Island 
Areas management unit species as defined in Sec. Sec.  665.601, 
665.621, 665.641, and 665.661, and the pelagic management unit species 
as defined in Sec.  665.800.
    Monument means the waters and submerged and emergent lands of the 
Pacific Remote Islands Marine National Monument, as defined in Sec.  
665.931.
    Proclamation means Presidential Proclamation 8336 of January 6, 
2009, ``Establishment of the Pacific Remote Islands Marine National 
Monument.''


Sec.  665.933  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this part, and Sec.  665.15 and subparts E and F of this chapter, 
the following activities are prohibited in the Monument and, thus, 
unlawful for a person to conduct or cause to be conducted.
    (a) Commercial fishing in the Monument.
    (b) Non-commercial fishing in the Monument, except as authorized 
under permit and pursuant to the procedures and criteria established in 
Sec.  665.935.
    (c) Transferring a permit in violation of Sec.  665.935(d).
    (d) Commercial fishing outside the Monument and non-commercial 
fishing within the Monument on the same trip in violation of Sec.  
665.934(c).
    (e) Non-commercial fishing within 12 nm of emergent land within the 
Monument, unless authorized by the U.S Fish & Wildlife Service, in 
consultation with NMFS and the Council, in violation of Sec.  
665.934(d).


Sec.  665.934  Regulated activities.

    (a) Commercial fishing is prohibited in the Monument.
    (b) Non-commercial fishing is prohibited in the Monument, except 
under permit and pursuant to the procedures and criteria established in 
Sec.  665.935 or pursuant to 665.934(d).
    (c) Commercial fishing outside the Monument and non-commercial 
fishing within the Monument during the same trip is prohibited.
    (d) Non-commercial fishing is prohibited within 12 nm of emergent 
land within the Monument, unless authorized by the U.S. Fish & Wildlife 
Service, in consultation with NMFS and the Council.


Sec.  665.935  Fishing permit procedures and criteria.

    (a) Non-commercial fishing.
    (1) Applicability. Except as provided in section 665.934(d), a 
vessel that is used to non-commercially fish for, take, retain, or 
possess MUS in the Monument must be registered for use with a permit 
issued pursuant to Sec. Sec.  665.603, 665.624, 665.642, 665.662, 
665.801(f), or 665.801(g).
    (2) Terms and conditions. Customary exchange of fish harvested in 
the Monument is prohibited.
    (b) Pacific Remote Islands Monument recreational charter permit.
    (1) Applicability. Except as provided in section 665.934(d), both 
the owner and operator of a vessel that is chartered to recreationally 
fish for, take, retain, or possess MUS in the Monument must have a 
permit issued under this section, and the permit must be registered for 
use with that vessel. Charter boat customers are not required to obtain 
a permit.
    (2) Terms and conditions.
    (i) The sale or exchange through barter or trade of fish caught by 
a charter boat fishing in the Monument is prohibited.
    (ii) Customary exchange of fish harvested under a Monument

[[Page 12023]]

recreational charter permit is prohibited.
    (c) Application. An application for a permit required under this 
section must be submitted to PIRO as described in Sec.  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 Sec.  665.14.


Sec.  665.936  International law.

    These regulations 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.

Subpart I--Rose Atoll Marine National Monument


Sec.  665.960  Scope and purpose.

    The regulations in this subpart codify certain provisions of the 
Proclamation, and govern the administration of fishing within the 
Monument. Nothing in these regulations shall be deemed to diminish or 
enlarge the jurisdiction of the Territory of American Samoa.


Sec.  665.961  Boundaries.

    The Monument consists of emergent and submerged lands and waters 
extending seaward approximately 50 nm from Rose Atoll. The boundary is 
defined by straight lines connecting the following coordinates in the 
order listed:

------------------------------------------------------------------------
             ID                     W. long.               S. lat.
------------------------------------------------------------------------
1...........................  169[deg]0'42''        13[deg]41'54''
2...........................  167[deg]17'0''        13[deg]41'54''
3...........................  167[deg]17'0''        15[deg]23'10''
4...........................  169[deg]0'42''        15[deg]23'10''
1...........................  169[deg]0'42''        13[deg]41'54''
------------------------------------------------------------------------

Sec.  665.962  Definitions.

    The following definitions are used in this subpart:
    Management Unit Species or MUS means the American Samoa management 
unit species as defined in Sec. Sec.  665.401, 665.421, 665.441, and 
665.461, and the pelagic management unit species as defined in Sec.  
665.800.
    Monument means the waters and emergent and submerged lands of the 
Rose Atoll Marine National Monument, as defined in Sec.  665.961.
    Proclamation means Presidential Proclamation 8337 of January 6, 
2009, ``Establishment of the Rose Atoll Marine National Monument.''


Sec.  665.963  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this part, and Sec.  665.15 and Subpart B of this chapter, the 
following activities are prohibited in the Monument and, thus, unlawful 
for a person to conduct or cause to be conducted.
    (a) Commercial fishing in the Monument.
    (b) Non-commercial fishing in the Monument, except as authorized 
under permit and pursuant to the procedures and criteria established in 
Sec.  665.965.
    (c) Transferring a permit in violation of Sec.  665.965(d).
    (d) Commercial fishing outside the Monument and non-commercial 
fishing within the Monument on the same trip in violation of Sec.  
665.964(c).
    (e) Fishing within 12 nm of emergent land within the Monument in 
violation of Sec.  665.964(d).


Sec.  665.964  Regulated activities.

    (a) Commercial fishing is prohibited in the Monument.
    (b) Non-commercial fishing is prohibited in the Monument, except as 
authorized under permit and pursuant to the procedures and criteria 
established in Sec.  665.965.
    (c) Commercial fishing outside the Monument and non-commercial 
fishing within the Monument during the same trip is prohibited.
    (d) All fishing is prohibited within 12 nm of emergent land within 
the Monument.


Sec.  665.965  Fishing permit procedures and criteria.

    (a) Rose Atoll Monument non-commercial fishing permit.
    (1) Applicability. Both the owner and operator of a vessel used to 
non-commercially fish for, take, retain, or possess MUS in the Monument 
must have a permit issued under this section, and the permit must be 
registered for use with that vessel.
    (2) Eligibility criteria. A permit issued under this section may be 
issued only to a community resident of American Samoa.
    (3) Terms and conditions.
    (i) Customary exchange of fish harvested under a non-commercial 
permit within the Monument is allowed, except that customary exchange 
by fishermen engaged in recreational fishing is prohibited. Customary 
exchange of fish harvested under a non-commercial permit in the 
Monument may include family and friends of residents of the American 
Samoa fishing community.
    (ii) Monetary reimbursement under customary exchange shall not 
exceed actual fishing trip expenses related to ice, bait, fuel, or 
food.
    (b) Rose Atoll Monument recreational charter permit.
    (1) Applicability. Both the owner and operator of a vessel that is 
chartered to fish recreationally for, take, retain, or possess MUS in 
the Monument must have a permit issued under this section, and the 
permit must be registered for use with that vessel. Charter boat 
customers are not required to obtain a permit.
    (2) Permit Eligibility criteria. To be eligible for a permit issued 
under this section, a charter business must be established legally 
under the laws of American Samoa.
    (3) Terms and conditions.
    (i) The sale or exchange through barter or trade of fish caught by 
a charter boat fishing in the Monument is prohibited.
    (ii) 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 Sec.  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 Sec.  665.14.


Sec.  665.966  International law.

    These regulations 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.
BILLING CODE 3510-22-P

[[Page 12024]]

[GRAPHIC] [TIFF OMITTED] TP21FE13.005


[[Page 12025]]


[GRAPHIC] [TIFF OMITTED] TP21FE13.006


[[Page 12026]]


[GRAPHIC] [TIFF OMITTED] TP21FE13.007


[[Page 12027]]


[GRAPHIC] [TIFF OMITTED] TP21FE13.008


[[Page 12028]]


[GRAPHIC] [TIFF OMITTED] TP21FE13.009


[[Page 12029]]


[GRAPHIC] [TIFF OMITTED] TP21FE13.010


[[Page 12030]]


[GRAPHIC] [TIFF OMITTED] TP21FE13.011

[FR Doc. 2013-03873 Filed 2-20-13; 8:45 am]
BILLING CODE 3510-22-C