Pacific Island Fisheries; Reclassifying Management Unit Species to Ecosystem Component Species, 46466-46475 [2018-19341]

Download as PDF 46466 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 180202118–8753–01] RIN 0648–BH63 Pacific Island Fisheries; Reclassifying Management Unit Species to Ecosystem Component Species National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes to reclassify certain management unit species in the Pacific Islands as ecosystem component species. The proposed rule would also update the scientific and local names of certain species. The intent of this proposed rule is to prioritize conservation and management efforts and to improve efficiency of fishery management in the region. DATES: NMFS must receive comments by October 29, 2018. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2018–0021, by either of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20180021, 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), 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818. Instructions: NMFS may not consider comments sent by any other method, to any other address or individual, or received after the end of the comment period. All comments received are a part of the public record and will generally be posted for public viewing on https://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). The Western Pacific Fishery Management Council (Council) daltland on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 18:19 Sep 12, 2018 Jkt 244001 prepared Amendment 4 to the Fishery Ecosystem Plan (FEP) for American Samoa, Amendment 5 to the FEP for the Marianas Archipelago, and Amendment 5 to the FEP for Hawaii. Those amendments, available as a single document, include an environmental assessment (EA) that describes the potential impacts on the human environment that would result from the proposed rule. Copies of the EA and other supporting documents are available at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, NMFS PIR Sustainable Fisheries, 808–725–5173. SUPPLEMENTARY INFORMATION: The Council and NMFS manage fishing in the U.S. Exclusive Economic Zone (EEZ) around the U.S. Pacific Islands. The management of bottomfish, coral reef ecosystem species, precious corals, and crustaceans in the EEZ (Federal waters) around Hawaii, the Mariana Islands (Guam and the Commonwealth of the Northern Marina Islands (CNMI)), and American Samoa is achieved under the FEPs for American Samoa, the Mariana Archipelago, and Hawaii, pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The Magnuson-Stevens Act authorizes management of fisheries in the EEZ, while American Samoa, Guam, the CNMI, and Hawaii each manage the fisheries shoreward of the EEZ around their respective island areas. Section 301(a) of the MagnusonStevens Act sets ten National Standards for fishery conservation and management. National Standard 1 (NS1) requires NMFS to use conservation and management measures to prevent overfishing, while achieving optimum yield on a continuing basis. The NS1 guidelines provide guidance to councils on the stocks under their jurisdiction that require conservation and management, and on how to address ecosystem component species (ECS). Specifically, not every fishery requires Federal management, but stocks that are caught predominately in Federal waters, and are also overfished or subject to overfishing, or likely to become overfished or subject to overfishing, do require conservation and management. Under NS1, Councils should consider the following ten non-exhaustive factors when deciding whether stocks require conservation and management: 1. The stock is an important component of the marine environment. 2. The stock is caught by the fishery. 3. Whether a fishery management plan (FMP) can improve or maintain the PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 condition of the stock. (Note that the Council reorganized their FMPs and calls them fishery ecosystem plans (FEPs)). 4. The stock is a target of a fishery. 5. The stock is important to commercial, recreational, or subsistence users. 6. The fishery is important to the Nation or to the regional economy. 7. The need to resolve competing interests and conflicts among user groups, and whether an FMP can further that resolution. 8. The economic condition of a fishery, and whether an FMP can produce more efficient utilization. 9. The needs of a developing fishery, and whether an FMP can foster orderly growth. 10. The extent to which the fishery is managed adequately by states, by state/ Federal programs, or by Federal regulations pursuant to other FMPs or international commissions, or by industry self-regulation, consistent with the requirements of the MagnusonStevens Act and other applicable law. Councils may also consider other factors beyond the ten listed factors. NS1 also describes ECS as fish stocks that a council or the Secretary has determined do not require conservation and management, but desire to list in an FMP or FEP to achieve ecosystem management objectives. However, because ECS do not need conservation and management, ECS are not managed using annual catch limits (see 50 CFR 600.305(d)(13)). Management measures for ECS may include requirements to, for example, collect data, minimize bycatch or bycatch mortality, protect the associated role of ECS in the ecosystem, and/or address other ecosystem issues. Data collection also allows for monitoring the species in case a fishery develops or monitoring for other indications that suggest a need to consider possible changes in Federal management. The Council reassessed existing bottomfish, coral reef ecosystem, precious coral, and crustacean, management unit species (MUS) in the three FEPs to determine which ones require conservation and management and which ones may be better suited as ECS, that is, stocks that do not require Federal conservation and management. Many of the MUS are caught predominately in state or territorial waters, generally 0–3 nm from shore, areas that are not in the EEZ. The Council and NMFS have limited authority to manage fishing activity for species predominately caught in state or territorial waters. E:\FR\FM\13SEP1.SGM 13SEP1 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules This proposed rule is intended to create a more effective Federal management system for Pacific Island fisheries that focuses resources on those species or stocks caught in Federal waters that are in need of conservation and management. The Council and NMFS would still be allowed to monitor and manage ECS and identify whether Federal management is needed. In addition, the Council may also recommend continued application of other management measures for ECS that meet its ecosystem objectives in the FEP. This proposed rule would not change any fishery operations in terms of location, target and non-target species, catch, effort, fishermen participation, gear composition, seasonality, intensity, or bycatch. For newly designated ECS, the Council and NMFS would no longer establish annual catch limits or associated accountability measures. The states and territories would continue to monitor fisheries that catch ECS, in cooperation with the Council and NMFS, and if an ECS stock becomes newly identified as a target of a Federal fishery in the future, NMFS and the Council could consider reclassifying the American American American American Samoa Samoa Samoa Samoa families to 11 in the American Samoa FEP, from 227 species or families to 13 in the Marianas FEP, and from 173 species or families to 20 in the Hawaii FEP. See the EA Appendix B for the complete list of ECS (see ADDRESSES). This proposed rule would remove the definitions of ‘‘Currently Harvested Coral Reef Taxa (CHCRT)’’ and ‘‘Potentially Harvested Coral Reef Taxa (PHCRT)’’ and revise the definitions of ‘‘Ecosystem Component Species’’ and ‘‘Special Permit’’ throughout. In the current regulations, coral reef MUS are divided into two categories: CHCRT and PHCRT. CHCRT are those species that are harvested commercially in the EEZ, and PHCRT are those species that may be potentially harvested in the future. The proposed rule would reclassify all coral reef MUS as ECS, so the terms CHCRT and PHCRT would be unnecessary. The proposed definition of ecosystem component species aligns with the definition at § 600.305. All definitions referencing ‘‘MUS’’ in this subpart would be revised to also include ECS, where applicable. For American Samoa, this proposed rule would reclassify the following species groups: ECS as MUS, and place that stock under active management measures. Stock reclassified as ECS would no longer have associated designations of essential fish habitat (EFH), because Councils may only designate EFH for stocks that are in need of conservation and management. The effects of this change would be minor, however, because the habitats that are essential to the MUS that require conservation and management overlap with most of the stocks that would be designated as ECS. As a result, the total area designated as EFH would change only for the deep (400–700 m) benthic substrates near Guam, the Commonwealth of the Northern Marianas (CNMI), and American Samoa. In those areas, the laying of communication cables and military activities that could potentially result in expended military materials falling to the seafloor would be the only activities with potential benthic effects. Without an EFH designation for fish stocks in those areas, Federal agencies would need to continue to rely on other applicable laws (e.g., the Clean Water Act) to evaluate and mitigate potential large effects of their proposed actions. This proposed rule would reduce the number of MUS from 205 species or Current classification Change applies to bottomfish MUS ................................... coral reef ecosystem MUS .................. crustacean MUS .................................. precious coral MUS ............................. 46467 Proposed classification Some species ..................... All ....................................... All ....................................... All ....................................... American American American American Samoa Samoa Samoa Samoa bottomfish ECS. coral reef ECS. crustacean ECS. precious coral ECS. For Hawaii, this proposed rule would reclassify the following species groups: Current classification Hawaii Hawaii Hawaii Hawaii Change applies to bottomfish MUS .................................................... coral reef ecosystem MUS ................................... crustacean MUS ................................................... precious coral MUS .............................................. Proposed classification Some species ..................... All ....................................... Some species ..................... Some species ..................... Hawaii Hawaii Hawaii Hawaii bottomfish ECS. coral reef ECS. crustacean ECS. precious coral ECS. For the Marianas Archipelago, this proposed rule would reclassify the following species groups: daltland on DSKBBV9HB2PROD with PROPOSALS Current classification Mariana Mariana Mariana Mariana Change applies to bottomfish MUS .................................................. coral reef ecosystem MUS ................................. crustacean MUS ................................................. precious coral MUS ............................................ For a detailed description of the methods that the Council and NMFS used to identify the species to reclassify from MUS to ECS, please refer to Section 2 of the EA (see ADDRESSES). VerDate Sep<11>2014 18:19 Sep 12, 2018 Jkt 244001 Proposed classification Some species ..................... All ....................................... All ....................................... All ....................................... Mariana Mariana Mariana Mariana The proposed rule would also update several scientific and common names according to current scientific classifications. All existing management measures, including reporting and PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 bottomfish ECS. coral reef ECS. crustacean ECS. precious coral ECS. record keeping, prohibitions, and experimental fishing regulations would apply to the associated ECS, unless otherwise specified. E:\FR\FM\13SEP1.SGM 13SEP1 46468 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules NMFS must receive any comments by the date provided in the DATES heading. In addition, NMFS is soliciting comments on proposed Amendment 4 to the Fishery Ecosystem Plan (FEP) for American Samoa, Amendment 5 to the FEP for the Marianas Archipelago, and Amendment 5 to the FEP for Hawaii, as stated in the Notice of Availability published on August 8, 2018 (83 FR 39039). NMFS must receive comments on the amendments by October 9, 2018. NMFS will consider public comments received in response to the request for comments in the NOA and in response to the request for comments in this proposed rule in the decision to approve, disapprove, or partially approve the amendments. daltland on DSKBBV9HB2PROD with PROPOSALS 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 three FEPs, other provisions of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment. Certification of Finding of No Significant Impact on Substantial Number of Small Entities The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed specification, if adopted, would not have a significant economic impact on a substantial number of small entities. A description of the proposed action, why it is being considered, and the legal basis for it are contained in the preamble to this proposed rule. The proposed rule would reclassify some of the management unit species as ecosystem component species in the FEPs for American Samoa, the Mariana Archipelago, and Hawaii. The proposed action would reduce the number of management unit species in the American Samoa FEP from 205 species or families to 11; from 227 species or families to 13 in the Marianas FEP; and from 173 species or families to 20 in the Hawaii FEP. The proposed action would not modify any fishery activities, and there would be no direct economic impact to fisheries. The proposed rule does not duplicate, overlap, or conflict with other Federal rules and is not expected to have a 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 VerDate Sep<11>2014 18:19 Sep 12, 2018 Jkt 244001 will not place a substantial number 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. level buyer,’’ ‘‘Hawaii FEP,’’ ‘‘Mariana FEP,’’ ‘‘No-take MPA,’’ ‘‘Offload,’’ and ‘‘Pelagics FEP,’’ remove the definition of ‘‘Potentially harvested coral reef taxa,’’ and revise the definitions of ‘‘PRIA FEP,’’ ‘‘Special permit,’’ and ‘‘Transship’’ to read as follows: Executive Order 12866 This proposed rule has been determined to be not significant for purposes of Executive Order 12866. § 665.12 List of Subjects in 50 CFR Part 665 Administrative practice and procedure, American Samoa, Ecosystem, Fisheries, Fishing, Guam, Hawaii, Northern Mariana Islands, Permits, Reporting and recordkeeping requirements. Dated: August 31, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS proposes to amend 50 CFR part 665 as follows: PART 665—FISHERIES IN THE WESTERN PACIFIC 1. The authority citation for 50 CFR part 665 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 665.1, revise paragraph (a) to read as follows: ■ § 665.1 Purpose and scope. (a) The regulations in this part govern fishing for Pacific Island management unit species (MUS) and ecosystem component species (ECS) by vessels of the United States that operate or are based inside the outer boundary of the U.S. EEZ around American Samoa, Hawaii, Guam, the Northern Mariana Islands, Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll, and Wake Island. * * * * * ■ 3. In § 665.4, revise paragraph (c) to read as follows: § 665.4 Annual catch limits. * * * * * (c) Exceptions. The Regional Administrator is not required to specify an annual catch limit for an ECS, or for an MUS that is statutorily excepted from the requirement pursuant to 50 CFR 600.310(h)(2). * * * * * ■ 4. In § 665.12, revise the definition of ‘‘American Samoa FEP,’’ remove the definition of ‘‘Currently harvested coral reef taxa,’’ revise the definitions of ‘‘Ecosystem component species,’’ ‘‘First PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 Definitions. * * * * * American Samoa FEP means the Fishery Ecosystem Plan for American Samoa, available from the Western Pacific Fishery Management Council or PIRO. * * * * * Ecosystem component species (ECS) means a stock that a Council or the Secretary has determined does not require conservation and management, but is identified in an FEP to achieve ecosystem management objectives. * * * * * First level buyer means: (1) The first person who purchases, with the intention to resell, management unit species (MUS) or ECS, or portions thereof, that were harvested by a vessel that holds a permit or is otherwise regulated under crustacean fisheries in subparts B through E of this part; or (2) A person who provides recordkeeping, purchase, or sales assistance in the first transaction involving MUS or ECS (such as the services provided by a wholesale auction facility). * * * * * Hawaii FEP means the Fishery Ecosystem Plan for the Hawaiian Archipelago, available from the Western Pacific Fishery Management Council or PIRO. * * * * * Mariana FEP means the Fishery Ecosystem Plan for the Mariana Archipelago, available from the Western Pacific Fishery Management Council or PIRO. * * * * * No-take MPA means an area of the U.S. EEZ that is closed to fishing for or harvesting of any MUS or ECS, as defined in subparts B through F of this part. Offload means to remove MUS or ECS from a vessel. * * * * * Pelagics FEP means the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific, available from the Western Pacific Fishery Management Council or PIRO. * * * * * PRIA FEP means the Fishery Ecosystem Plan for the Pacific Remote Island Areas of Palmyra Atoll, Kingman E:\FR\FM\13SEP1.SGM 13SEP1 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll, and Wake Island, available from the Western Pacific Fishery Management Council or PIRO. * * * * * Special permit means a permit issued to allow fishing for coral reef ECS in low-use MPAs or with any gear not specifically allowed under § 665.127, § 665.227, or § 665.427. * * * * * Transship means to offload or otherwise transfer MUS or ECS or products thereof to a receiving vessel. * * * * * ■ 5. In § 665.13, revise paragraph (k) to read as follows: § 665.13 Permits and fees. * * * * * (k) Display. Any permit issued under this subpart, or a facsimile of such permit, must be on board the vessel at all times while the vessel is fishing for, taking, retaining, possessing, or landing MUS or ECS shoreward of the outer boundary of the fishery management area. Any permit issued under this section must be displayed for inspection upon request of an authorized officer. * * * * * ■ 6. In § 665.14, revise paragraphs (a), (c), (d), (g)(2) introductory text, (g)(2)(ii), and (g)(3) and (4) to read as follows: daltland on DSKBBV9HB2PROD with PROPOSALS § 665.14 Reporting and recordkeeping. (a) State reporting. Except for precious coral and crustacean fisheries, any person who is required to do so by applicable state law or regulation must make and/or file all reports of MUS or ECS landings containing all data and in the exact manner required by applicable state law or regulation. * * * * * (c) Transshipment logbooks. Any person subject to the requirements of § 665.124(a)(2), § 665.224(a)(2), § 665.424(a)(2), § 665.624(a)(2), or § 665.801(e) must maintain on board the vessel an accurate and complete NMFS transshipment logbook containing report forms provided by the Regional Administrator. All information specified on the forms must be recorded on the forms within 24 hours after the day of transshipment. Each form must be signed and dated by the receiving vessel operator. The original logbook for each day of transshipment activity must be submitted to the Regional Administrator within 72 hours of each landing of western Pacific pelagic MUS. The original logbook for each day of VerDate Sep<11>2014 18:19 Sep 12, 2018 Jkt 244001 transshipment activity must be submitted to the Regional Administrator within 7 days of each landing of coral reef ECS. (d) Sales report. The operator of any fishing vessel subject to the requirements of § 665.142, § 665.242, § 665.442, or § 665.642, or the owner of a medium or large fishing vessel subject to the requirements of § 665.404(a)(2) must submit to the Regional Administrator, within 72 hours of offloading of crustacean MUS or ECS, an accurate and complete sales report on a form provided by the Regional Administrator. The form must be signed and dated by the fishing vessel operator. * * * * * (g) * * * (2) Crustaceans. Upon request, any first-level buyer must immediately allow an authorized officer and any employee of NMFS designated by the Regional Administrator, to access, inspect, and copy all records relating to the harvest, sale, or transfer of crustacean MUS or ECS taken by vessels that have permits issued under this subpart or §§ 665.140 through 665.145, §§ 665.240 through 665.252, §§ 665.440 through 665.445, or §§ 665.640 through 665.645. This requirement may be met by furnishing the information on a worksheet provided by the Regional Administrator. The information must include, but is not limited to: * * * * * (ii) The amount, number, and size of each MUS or ECS involved in each transaction. * * * * * (3) Bottomfish and seamount groundfish. Any person who is required by state laws and regulations to maintain records of landings and sales for vessels regulated by this subpart and by §§ 665.100 through 665.105, 665.200 through 665.212, 665.400 through 665.407, and 665.600 through 665.606 must make those records immediately available for Federal inspection and copying upon request by an authorized officer. (4) Coral reefs. Any person who has a special permit and who is required by state laws and regulations to maintain and submit records of catch and effort, landings and sales for coral reef ECS by this subpart and §§ 665.120 through 665.128, §§ 665.220 through 665.228, §§ 665.420 through 665.428, or §§ 665.620 through 665.628 must make those records immediately available for Federal inspection and copying upon PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 46469 request by an authorized officer as defined in § 600.10 of this chapter. * * * * * ■ 7. In § 665.15, revise paragraphs (l), (n), and (o) to read as follows: § 665.15 Prohibitions. * * * * * (l) Fish for, take or retain within a notake MPA, defined in § 665.99, § 665.199, § 665.399, or § 665.599, any bottomfish MUS or ECS, crustacean MUS or ECS, western Pacific pelagic MUS, precious coral MUS or ECS, seamount groundfish MUS, or coral reef ecosystem ECS. * * * * * (n) Fish for, catch, or harvest MUS or ECS without an operational VMS unit on board the vessel after installation of the VMS unit by NMFS, in violation of § 665.19(e)(2). (o) Possess MUS or ECS, that were harvested after NMFS has installed the VMS unit on the vessel, on board that vessel without an operational VMS unit, in violation of § 665.19(e)(2). * * * * * ■ 8. In § 665.17, revise paragraphs (a) and (b) to read as follows: § 665.17 Experimental fishing. (a) General. The Regional Administrator may authorize, for limited purposes, the direct or incidental harvest of MUS or ECS that would otherwise be prohibited by this part. No experimental fishing may be conducted unless authorized by an EFP issued by the Regional Administrator in accordance with the criteria and procedures specified in this section. EFPs will be issued without charge. (b) Observers. No experimental fishing for crustacean MUS or ECS may be conducted unless a NMFS observer is aboard the vessel. * * * * * ■ 9. Revise § 665.101 to read as follows: § 665.101 Definitions. As used in §§ 665.100 through 665.119: American Samoa bottomfish ecosystem component species (American Samoa bottomfish ECS) means those species identified as ECS in the American Samoa FEP and not defined as American Samoa bottomfish MUS. American Samoa bottomfish management unit species (American Samoa bottomfish MUS) means the following species: E:\FR\FM\13SEP1.SGM 13SEP1 46470 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules Local name Common name palu-gutusiliva ............................................................ asoama ...................................................................... tafauli ......................................................................... papa, velo .................................................................. palu malau ................................................................. palu-loa ...................................................................... filoa-paomumu ........................................................... savane ....................................................................... palu-‘ena‘ena ............................................................. palu-sina .................................................................... palu-ula, palu-sega .................................................... red snapper, silvermouth .......................................... gray snapper, jobfish ................................................ black trevally, jack ..................................................... lunartail grouper ........................................................ red snapper ............................................................... red snapper ............................................................... redgill emperor .......................................................... blueline snapper ........................................................ pink snapper ............................................................. yelloweye snapper .................................................... Snapper ..................................................................... 10. Revise § 665.103 to read as follows: ■ § 665.103 Prohibitions. In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15, it is unlawful for any person to fish for American Samoa bottomfish MUS or ECS using gear prohibited under § 665.104. ■ 11. In § 665.104, revise paragraph (a) to read as follows: § 665.104 Gear restrictions. (a) Bottom trawls and bottom set gillnets. Fishing for American Samoa bottomfish MUS or ECS with bottom trawls and bottom set gillnets is prohibited. * * * * * ■ 12. Revise § 665.121 to read as follows: § 665.121 Definitions. As used in §§ 665.120 through 665.139, American Samoa coral reef ecosystem component species (American Samoa coral reef ECS) means those species identified as ECS in the American Samoa FEP and not defined as MUS or another ECS in this subpart. ■ 13. Revise § 665.123 to read as follows: daltland on DSKBBV9HB2PROD with PROPOSALS § 665.123 Relation to other laws. To ensure consistency between the management regimes of different Federal agencies with shared management responsibilities of fishery resources within the American Samoa fishery management area, fishing for American Samoa coral reef ECS 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. ■ 14. In § 665.124, revise paragraphs (a)(1) and (2) and (a)(3)(i) and (ii) to read as follows: § 665.124 Permits and fees. (a) * * * (1) Special permit. Any person of the United States fishing for, taking or VerDate Sep<11>2014 18:19 Sep 12, 2018 Jkt 244001 retaining American Samoa coral reef ECS must have a special permit if they fish, or if a vessel which they operate is used to fish, for any: (i) American Samoa coral reef ECS in low-use MPAs as defined in § 665.99; (ii) American Samoa coral reef ECS in the coral reef ecosystem management area; or (iii) American Samoa coral reef ECS in the 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 American Samoa coral reef ecosystem management area to land or transship American Samoa coral reef ECS harvested within low-use MPAs. (3) * * * (i) Any person issued a permit to fish under any FEP who incidentally catches American Samoa coral reef ECS while fishing for bottomfish MUS or ECS, crustacean ECS, western Pacific pelagic MUS, precious coral ECS, or seamount groundfish MUS; (ii) Any person fishing for American Samoa coral reef ECS outside of an MPA, who does not retain any American Samoa coral reef ECS; and * * * * * ■ 15. In § 665.125, revise paragraphs (a) introductory text, (a)(3), and (b) introductory text to read as follows: § 665.125 Prohibitions. * * * * * (a) Fish for, take, retain, possess or land any American Samoa coral reef ecosystem ECS in any low-use MPA as defined in § 665.99 unless: * * * * * (3) The American Samoa coral reef ECS possessed on board the vessel originated outside the management area, and this can be demonstrated through receipts of purchase, invoices, fishing logbooks or other documentation. (b) Fish for, take, or retain any American Samoa coral reef ECS: * * * * * ■ 16. Revise § 665.126 to read as follows: PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 Scientific name § 665.126 Aphareus rutilans. Aprion virescens. Caranx lugubris. Variola louti. Etelis carbunculus. Etelis coruscans. Lethrinus rubrioperculatus. Lutjanus kasmira. Pristipomoides filamentosus. Pristipomoides flavipinnis. Pristipomoides zonatus. 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 American Samoa coral reef ECS harvested under a special permit and report the port and the approximate date and time at which the catch will be landed. ■ 17. In § 665.127, revise paragraphs (a) introductory text and (b) to read as follows: § 665.127 Allowable gear and gear restrictions. (a) American Samoa coral reef ECS may be taken only with the following allowable gear and methods: * * * * * (b) American Samoa coral reef ECS 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 ECS in the management area is prohibited. * * * * * ■ 18. In § 665.128, revise paragraph (a) to read as follows: § 665.128 Gear identification. (a) Gear marking. 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 § 665.124 or that is otherwise established to be fishing for American Samoa coral reef ecosystem ECS in the management area. * * * * * ■ 19. In § 665.141, add the definition of ‘‘American Samoa crustacean ecosystem component species’’ in alphabetical order and remove the definition of ‘‘American Samoa crustacean management unit species’’ to read as follows: § 665.141 Definitions. * * * * * American Samoa crustacean ecosystem component species E:\FR\FM\13SEP1.SGM 13SEP1 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules (American Samoa crustacean ECS) means those species identified as ECS in the American Samoa FEP. * * * * * ■ 20. In § 665.161, add the definition of ‘‘American Samoa precious coral ecosystem component species’’ in alphabetical order and remove the definition of ‘‘American Samoa precious coral management unit species’’ to read as follows: § 665.161 Definitions. * * * * * American Samoa precious coral ecosystem component species (American Samoa precious coral ECS) means those species identified as ECS in the American Samoa FEP. * * * * * ■ 21. In § 665.162, revise paragraph (a) to read as follows: § 665.162 Permits. (a) Any vessel of the United States fishing for, taking, or retaining American Samoa precious coral ECS in any American Samoa precious coral permit area must have a permit issued under § 665.13. * * * * * ■ § 665.163 * Prohibitions. * * * * * (b) Fish for, take, or retain any species of American Samoa precious coral ECS in any precious coral permit area: * * * * * (c) Take and retain, possess, or land any live Hemicorallium laauense, Pleurocorallium secundum, Corallium sp., or live black coral from any precious coral permit area that is less than the minimum height specified in § 665.165 unless: * * * * * ■ 23. In § 665.165, revise paragraphs (a) and (b) to read as follows: § 665.165 Size restrictions. * * * * * (a) Live Hemicorallium laauense, Pleurocorallium secundum, or Corallium sp. harvested from any precious coral permit area must have attained a minimum height of 10 inches (25.4 cm). (b) 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). 24. In § 665.167, revise paragraph (d) to read as follows: § 665.167 § 665.201 * * * * Hawaii bottomfish ecosystem component species (Hawaii bottomfish ECS) means those species that are not listed as Hawaii bottomfish MUS and that are identified as ECS in Table 4 of the Hawaii FEP. Hawaii bottomfish management unit species (Hawaii bottomfish MUS) means the following species: lehi ............................................................................. uku ............................................................................. hapu‘upu‘u ................................................................. ehu ............................................................................. onaga ......................................................................... ’opakapaka ................................................................ kalekale ...................................................................... gindai ......................................................................... silver jaw jobfish ........................................................ gray jobfish ................................................................ sea bass .................................................................... squirrelfish snapper ................................................... longtail snapper ......................................................... pink snapper ............................................................. pink snapper ............................................................. snapper ..................................................................... Common name Armorhead ............ * * Scientific name Pentaceros wheeleri. * * * 26. In § 665.203, revise paragraphs (a)(1) and (2), (e)(1), and (j)(1) to read as follows: ■ VerDate Sep<11>2014 18:19 Sep 12, 2018 Jkt 244001 § 665.203 Permits. (a) * * * (1) Northwestern Hawaiian Islands. The owner of any vessel used to fish for, land, or transship Hawaii bottomfish MUS or ECS shoreward of the outer boundary of the NWHI subarea must have a permit issued under this section, and the permit must be registered for use with that vessel. PIRO will not register a single vessel for use with a Ho’omalu Zone permit and a Mau Zone permit at the same time. Mau Zone permits issued before June 14, 1999, became invalid June 14, 1999, except that a permit issued to a person who submitted a timely application under paragraph (b)(3) of this section is valid until the permit holder either receives a Mau Zone limited entry permit or until final agency action is taken on the permit holder’s application. The PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 Definitions. * Common name * * * * Main Hawaiian Islands noncommercial bottomfish permit means the permit required by § 665.203(a)(2) to own or fish from a vessel that is used in any non-commercial vessel-based fishing, landing, or transshipment of any Hawaii bottomfish MUS or ECS in the MHI Management Subarea. * * * * * Seamount Groundfish * * * Quotas. * * * * (d) Exploratory areas. The American Samoa exploratory permit area X–P–AS has an annual quota of 1,000 kg for all American Samoa precious coral ECS combined with the exception of black corals. ■ 25. In § 665.201, add the definition of ‘‘Hawaii bottomfish ecosystem component species’’ in alphabetical order, revise the definitions of ‘‘Hawaii bottomfish management unit species’’ and ‘‘Main Hawaiian Islands noncommercial bottomfish permit,’’ and in the definition of ‘‘Seamount Groundfish,’’ revise the entry for ‘‘Armorhead’’ to read as follows: Local name * daltland on DSKBBV9HB2PROD with PROPOSALS 22. In § 665.163, revise the introductory text of paragraphs (b) and (c) to read as follows: ■ 46471 Scientific name Aphareus rutilans. Aprion virescens. Hyporthodus quernus. Etelis carbunculus. Etelis coruscans. Pristipomoides filamentosus. Pristipomoides seiboldii. Pristipomoides zonatus. Ho’omalu Zone and the Mau Zone limited entry systems described in this section are subject to abolition, modification, or additional effort limitation programs. (2) MHI non-commercial. The owner of a vessel that is used for and any person who participates in noncommercial, vessel-based fishing, landing, or transshipment of Hawaii bottomfish MUS or ECS in the MHI management subarea is required to obtain an MHI non-commercial bottomfish permit or a State of Hawaii Commercial Marine License. If one or more persons on a vessel-based bottomfish fishing trip holds an MHI non-commercial permit, then the entire trip is considered non-commercial, and not commercial. However, if any commercial fishing occurs during or as a result of a vessel-based fishing trip, E:\FR\FM\13SEP1.SGM 13SEP1 46472 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules then the fishing trip is considered commercial, and not non-commercial. Charter boat customers are not subject to the requirements of the section. * * * * * (e) * * * (1) A qualifying landing for Ho’omalu Zone permit renewal is a landing of at least 2,500 lb (1,134 kg) of Hawaii bottomfish MUS or ECS from the Ho’omalu Zone or a landing of at least 2,500 lb (1,134 kg) of fish from the Ho’omalu Zone, of which at least 50 percent by weight was Hawaii bottomfish MUS or ECS. A permit is eligible for renewal for the next calendar year if the vessel covered by the permit made three or more qualifying landings during the current calendar year. * * * * * (j) * * * (1) A Mau Zone permit will be eligible for renewal if the vessel for which the permit is registered for use made at least five separate fishing trips with landings of at least 500 lb (227 kg) of Hawaii bottomfish MUS or ECS per trip during the calendar year. Only one landing of bottomfish MUS or ECS per fishing trip to the Mau Zone will be counted toward the landing requirement. * * * * * ■ 27. In § 665.204, revise paragraphs (a), (b), (g), and (k) to read as follows: § 665.204 Prohibitions. * * * * * (a) Fish for Hawaii bottomfish MUS or ECS, or seamount groundfish MUS using gear prohibited under § 665.206. § 665.205 Notification. * * * * * (b) The operator of a fishing vessel that has taken Hawaii bottomfish MUS or ECS in the Ho’omalu Zone must contact the USCG, by radio or otherwise, at the 14th District, Honolulu, HI; Pacific Area, San Francisco, CA; or 17th District, Juneau, AK, at least 24 hours before landing, and report the port and the approximate date and time at which the bottomfish will be landed. ■ 29. Revise § 665.206 to read as follows: § 665.206 § 665.209 Fishing moratorium at Hancock Seamounts. Fishing for, and possession of, Hawaii bottomfish MUS or ECS, or seamount groundfish MUS in the Hancock Seamounts Ecosystem Management Area is prohibited until the Regional Administrator determines that the armorhead stock is rebuilt. ■ 31. Revise § 665.210 to read as follows: § 665.210 species. lehi ............................................................................. ehu ............................................................................. onaga ......................................................................... ‘opakapaka ................................................................ kalekale ...................................................................... gindai ......................................................................... hapu‘upu‘u ................................................................. silver jaw jobfish ........................................................ squirrelfish snapper ................................................... longtail snapper ......................................................... pink snapper ............................................................. pink snapper ............................................................. snapper ..................................................................... sea bass .................................................................... § 665.221 Definitions. As used in §§ 665.220 through 665.239, Hawaii coral reef ecosystem component species (Hawaii coral reef ECS) means those species identified as ECS in the Hawaii FEP and are not defined as MUS or another ECS in this subpart. ■ 33. Revise § 665.223 to read as follows: § 665.223 Relation to other laws. To ensure consistency between the management regimes of different Federal agencies with shared VerDate Sep<11>2014 18:19 Sep 12, 2018 Jkt 244001 management responsibilities of fishery resources within the Hawaii coral reef ecosystem management area, fishing for Hawaii coral reef ECS 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. ■ 34. In § 665.224, revise paragraphs (a)(1) and (2) and (a)(3)(i) and (ii) to read as follows: § 665.224 Permits and fees. (a) * * * PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 Hawaii restricted bottomfish Hawaii restricted bottomfish species means the following species: Common name 32. Revise § 665.221 to read as follows: Gear restrictions. (a) Bottom trawls and bottom set gillnets. Fishing for Hawaii bottomfish MUS or ECS, or seamount groundfish 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 § 665.203 or otherwise established to be fishing for Hawaii bottomfish MUS or ECS, or seamount groundfish MUS in the management subareas is prohibited. (c) Poisons and explosives. The possession or use of any poisons, explosives, or intoxicating substances for the purpose of harvesting Hawaii bottomfish MUS or ECS, or seamount groundfish MUS is prohibited. ■ 30. Revise § 665.209 to read as follows: Local name ■ daltland on DSKBBV9HB2PROD with PROPOSALS (b) Fish for, or retain on board a vessel, Hawaii bottomfish MUS or ECS in the Ho’omalu Zone or the Mau Zone without the appropriate permit registered for use with that vessel issued under § 665.13. * * * * * (g) Own a vessel or fish from a vessel that is used to fish non-commercially for any Hawaii bottomfish MUS or ECS in the MHI management subarea without either a MHI non-commercial bottomfish permit or a State of Hawaii Commercial Marine License, in violation of § 665.2 or § 665.203(a)(2). * * * * * (k) Fish for or possess any Hawaii bottomfish MUS or ECS, or seamount groundfish MUS in the Hancock Seamounts Ecosystem Management Area, in violation of § 665.209. ■ 28. In § 665.205, revise paragraph (b) to read as follows: Scientific name Aphareus rutilans. Etelis carbunculus. Etelis coruscans. Pristipomoides filamentosus. Pristipomoides sieboldii. Pristipomoides zonatus. Hyporthodus quernus. (1) Special permit. Any person of the United States fishing for, taking or retaining Hawaii coral reef ECS must have a special permit if they, or a vessel which they operate, is used to fish for any: (i) Hawaii coral reef ECS in low-use MPAs as defined in § 665.199; (ii) Hawaii coral reef ECS in the coral reef ecosystem management area; or (iii) Hawaii coral reef ECS in the 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 E:\FR\FM\13SEP1.SGM 13SEP1 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules used in the Hawaii coral reef ecosystem management area to land or transship Hawaii coral reef ECS harvested within low-use MPAs. (3) * * * (i) Any person issued a permit to fish under any FEP who incidentally catches Hawaii coral reef ECS while fishing for bottomfish MUS or ECS, crustacean MUS, western Pacific pelagic MUS, precious corals, or seamount groundfish; (ii) Any person fishing for Hawaii coral reef ECS outside of an MPA, who does not retain any Hawaii coral reef ECS; and * * * * * ■ 35. In § 665.225, revise paragraphs (a) introductory text, (a)(3), and (b) introductory text to read as follows: § 665.225 Prohibitions. * * * * * (a) Fish for, take, retain, possess or land any Hawaii coral reef ECS in any low-use MPA as defined in § 665.99 unless: * * * * * (3) The Hawaii coral reef ECS possessed on board the vessel originated outside the management area and this can be demonstrated through receipts of purchase, invoices, fishing logbooks or other documentation. (b) Fish for, take, or retain any Hawaii coral reef ECS: * * * * * ■ 36. Revise § 665.226 to read as follows: ECS in the management area is prohibited. * * * * * ■ 38. In § 665.228, revise paragraph (a) to read as follows: § 665.226 § 665.228 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 Hawaii coral reef ECS harvested under a special permit, and report the port and the approximate date and time at which the catch will be landed. ■ 37. In § 665.227, revise paragraphs (a) introductory text and (b) to read as follows: § 665.227 Allowable gear and gear restrictions. (a) Hawaii coral reef ECS may be taken only with the following allowable gear and methods: * * * * * (b) Hawaii coral reef ECS 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 § 665.241 * * * * Hawaii crustacean ecosystem component species (Hawaii crustacean ECS) means those species identified as ECS in the Hawaii FEP. * * * * * Hawaii crustacean management unit species (Hawaii crustacean MUS) means the following crustaceans: papa‘i kua loa ............................................................ Kona crab .................................................................. deepwater shrimp, nylon shrimp ............................... * * * * 40. In § 665.242, revise paragraph (a)(4) to read as follows: § 665.242 Permits. (a) * * * (4) Harvest of Hawaii crustacean MUS or ECS within the Northwestern Hawaiian Islands Marine National Monument is subject to the requirements of 50 CFR part 404. * * * * * ■ 41. In § 665.261, add the definition of ‘‘Hawaii precious coral ecosystem component species’’ in alphabetical order and revise the definition of ‘‘Hawaii precious coral management unit species’’ to read as follows: Scientific name daltland on DSKBBV9HB2PROD with PROPOSALS * * * * 42. In § 665.262, revise paragraph (a) to read as follows: § 665.262 Permits. (a) Any vessel of the United States fishing for, taking, or retaining Hawaii precious coral MUS or ECS in any Hawaiian Archipelago precious coral VerDate Sep<11>2014 18:19 Sep 12, 2018 Jkt 244001 Definitions. * * * * * Hawaii precious coral ecosystem component species (Hawaii precious coral ECS) means those species identified as ECS in the Hawaii FEP. Hawaii precious coral management unit species (Hawaii precious coral MUS) means the following species: Scientific name Pink coral .................................................................................................................. Red coral .................................................................................................................. Gold coral ................................................................................................................. Bamboo coral ............................................................................................................ Black coral ................................................................................................................ ■ Ranina ranina. Heterocarpus sp. § 665.261 Common name * Definitions. * Common name ■ 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 § 665.124 or that is otherwise established to be fishing for Hawaii coral reef ECS in the management area. * * * * * ■ 39. In § 665.241, add the definition of ‘‘Hawaii crustacean ecosystem component species’’ in alphabetical order and revise the definition of ‘‘Hawaii crustacean management unit species’’ to read as follows: Local name * 46473 Pleurocorallium secundum. Hemicorallium laauense. Kulamanamana haumeaae. Acanella sp. Antipathes griggi, Antipathes grandis, Myriopathes ulex. permit area must have a permit issued under § 665.13. * * * * * ■ 43. In § 665.263, revise the introductory text of paragraphs (b) and (c) to read as follows: § 665.263 * PO 00000 * Prohibitions. * Frm 00050 * Fmt 4702 * Sfmt 4702 (b) Fish for, take, or retain any species of Hawaii precious coral MUS or Hawaii precious coral ECS in any precious coral permit area: * * * * * (c) Take and retain, possess, or land any live Hemicorallium laauense, Pleurocorallium secundum, Corallium sp., or live black coral from any E:\FR\FM\13SEP1.SGM 13SEP1 46474 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules precious coral permit area that is less than the minimum height specified in § 665.265 unless: * * * * * ■ 44. In § 665.265, revise paragraphs (a) and (b) to read as follows: § 665.265 Size restrictions. * * * * * (a) Live Hemicorallium laauense, Pleurocorallium secundum, or Corallium sp. harvested from any precious coral permit area must have attained a minimum height of 10 inches (25.4 cm). (b) 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). ■ 45. Revise § 665.270 to read as follows: § 665.270 § 665.401 * * * * Mariana bottomfish ecosystem component species (Mariana bottomfish ECS) means those species identified as ECS in the Marianas Archipelago FEP and not defined as Mariana bottomfish MUS. Mariana bottomfish management unit species (Mariana bottomfish MUS) means the following fish: Common name lehi/maroobw ............................................................. tarakitu/etam .............................................................. tarakiton attelong, orong ............................................ bueli, bwele ................................................................ buninas agaga’, falaghal moroobw ........................... abuninas, taighulupegh ............................................. mafuti, atigh ............................................................... funai, saas ................................................................. buninas, falaghal-maroobw ....................................... buninas, pakapaka, falaghal-maroobw, ..................... buninas, falaghal-maroobw ....................................... red snapper, silvermouth .......................................... giant trevally, jack ..................................................... black trevally, jack ..................................................... lunartail grouper ........................................................ red snapper ............................................................... red snapper ............................................................... redgill emperor .......................................................... blueline snapper ........................................................ yellowtail snapper ..................................................... pink snapper ............................................................. yelloweye snapper .................................................... pink snapper ............................................................. flower snapper .......................................................... 47. In § 665.403, revise paragraph (a) introductory text to read as follows: ■ § 665.403 Bottomfish fishery area management. (a) Guam large vessel bottomfish prohibited area (Area GU–1). A large vessel of the United States, as defined in § 665.12, may not be used to fish for Mariana bottomfish MUS or ECS in the Guam large vessel bottomfish prohibited area, defined as the U.S. EEZ waters surrounding Guam that are enclosed by straight lines connecting the following coordinates in the order listed: * * * * * ■ 48. In § 665.404, revise paragraphs (a)(1) and (2) to read as follows: § 665.404 Permits. (a) * * * (1) Guam large vessel. The owner of any large vessel used to fish for, land, or transship Mariana bottomfish MUS or ECS shoreward of the outer boundary of the Guam subarea must have a permit issued under this section, and the permit must be registered for use with that vessel. (2) Commonwealth of the Northern Mariana Islands (CNMI) commercial. The owner of any vessel used to commercially fish for, transship, receive, or land Mariana bottomfish MUS or ECS shoreward of the outer boundary of the CNMI management subarea must have a permit issued VerDate Sep<11>2014 18:19 Sep 12, 2018 Jkt 244001 under this section, and the permit must be registered for use with that vessel. * * * * * ■ 49. Revise § 665.405 to read as follows: § 665.405 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) Fish for Mariana bottomfish MUS or ECS using gear prohibited under § 665.406. (b) Use a large vessel that does not have a valid Guam bottomfish permit registered for use with that vessel to fish for, land, or transship Mariana bottomfish MUS or ECS shoreward of the outer boundary of the Guam management subarea of the bottomfish fishery management area in violation of § 665.404(a). (c) Use a large vessel to fish for Mariana bottomfish MUS or ECS within the Guam large vessel bottomfish prohibited area, as defined in § 665.403(a). (d) Land or transship, shoreward of the outer boundary of the Guam management subarea of the bottomfish fishery management area, Mariana bottomfish MUS or ECS that were harvested in violation of § 665.405(c). (e) Use a vessel to fish commercially for Mariana bottomfish MUS or ECS in PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 Definitions. * Local name buninas rayao amariyu, falaghal-maroobw ............... daltland on DSKBBV9HB2PROD with PROPOSALS Gold coral harvest moratorium. Fishing for, taking, or retaining any gold coral MUS or ECS in any precious coral permit area is prohibited through June 30, 2023. ■ 46. In § 665.401, add the definition of ‘‘Mariana bottomfish ecosystem component species’’ in alphabetical order and revise the definition of ‘‘Mariana bottomfish management unit species’’ to read as follows: Scientific name Aphareus rutilans. Caranx ignobilis. Caranx lugubris. Variola louti. Etelis carbunculus. Etelis coruscans. Lethrinus rubrioperculatus. Lutjanus kasmira. Pristipomoides auricilla. Pristipomoides filamentosus. Pristipomoides flavipinnis. Pristipomoides seiboldii. Pristipomoides zonatus. the CNMI management subarea without a valid CNMI commercial bottomfish permit registered for use with that vessel, in violation of § 665.404(a)(2). (f) Falsify or fail to make, keep, maintain, or submit a Federal logbook as required under § 665.14(b) when using a vessel to engage in commercial fishing for Mariana bottomfish MUS or ECS in the CNMI management subarea in violation of § 665.14(b). ■ 50. Revise § 665.421 to read as follows: § 665.421 Definitions. As used in §§ 665.420 through 665.439, Mariana coral reef ecosystem component species (Mariana coral reef ECS) are those species identified in the Marianas Archipelago FEP and are not defined as MUS or another ECS in this subpart. ■ 51. Revise § 665.423 to read as follows: § 665.423 Relation to other laws. To ensure consistency between the management regimes of different Federal agencies with shared management responsibilities of fishery resources within the Mariana coral reef ecosystem management area, fishing for Mariana coral reef ECS is not allowed within the boundary of a National Wildlife Refuge unless specifically authorized by the USFWS, regardless of E:\FR\FM\13SEP1.SGM 13SEP1 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules whether that refuge was established by action of the President or the Secretary of the Interior. ■ 52. In § 665.424, revise paragraphs (a)(1) and (2) and (a)(3)(i) and (ii) to read as follows: § 665.424 Permits and fees. (a) * * * (1) Special permit. Any person of the United States fishing for, taking or retaining Mariana coral reef ECS must have a special permit if they, or a vessel which they operate, is used to fish for any: (i) Mariana coral reef ecosystem MUS ECS in low-use MPAs as defined in § 665.399; (ii) Mariana coral reef ECS in the coral reef ecosystem management area; or (iii) Mariana coral reef ECS in the Mariana 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 Mariana coral reef ecosystem management area to land or transship any Mariana coral reef ECS harvested within low-use MPAs. (3) * * * (i) Any person issued a permit to fish under any FEP who incidentally catches Mariana coral reef ECS while fishing for bottomfish MUS or ECS, crustacean ECS, western Pacific pelagic MUS, precious coral ECS, or seamount groundfish MUS. (ii) Any person fishing for Mariana coral reef ECS outside of an MPA, who does not retain any Mariana coral reef ECS. * * * * * ■ 53. In § 665.425, revise paragraphs (a) introductory text, (a)(3), and (b) introductory text to read as follows: § 665.425 Prohibitions. * * * * * (a) Fish for, take, retain, possess or land any Mariana coral reef ECS in any low-use MPA as defined in § 665.12 unless: daltland on DSKBBV9HB2PROD with PROPOSALS * * * * * (3) The Mariana coral reef ECS possessed on board the vessel originated outside the management area, and this can be demonstrated through receipts of purchase, invoices, fishing logbooks or other documentation. (b) Fish for, take, or retain any Mariana coral reef ECS species: * * * * * 54. Revise § 665.426 to read as follows: ■ VerDate Sep<11>2014 18:19 Sep 12, 2018 Jkt 244001 § 665.426 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 Mariana coral reef ECS harvested under a special permit, and report the port and the approximate date and time at which the catch will be landed. ■ 55. In § 665.427, revise paragraphs (a) introductory text and (b) to read as follows: § 665.427 Allowable gear and gear restrictions. (a) Mariana coral reef ECS may be taken only with the following allowable gear and methods: * * * * * (b) Mariana coral reef ECS 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 ECS in the management area is prohibited. * * * * * ■ 56. In § 665.441, add the definition of ‘‘Mariana crustacean ecosystem component species’’ in alphabetical order and remove the definition of ‘‘Mariana crustacean management unit species’’ to read as follows: § 665.44 Definitions. * * * * * Mariana crustacean ecosystem component species (Mariana crustacean ECS) means those species identified as ECS in the Marianas Archipelago FEP. ■ 57. In § 665.442, revise paragraph (a)(2) to read as follows: § 665.442 Permits. (a) * * * (2) The owner of any vessel used to fish for Heterocarpus sp. in Crustacean Permit Area 5 must have a permit issued for that vessel. * * * * * ■ 58. Revise § 665.443 to read as follows: § 665.443 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 5 to fish for, take, or retain Heterocarpus sp. without a permit issued under § 665.442. ■ 59. In § 665.461, add introductory text and the definition of ‘‘Mariana precious coral ecosystem component species’’ in alphabetical order and remove the PO 00000 Frm 00052 Fmt 4702 Sfmt 9990 46475 definition of ‘‘Mariana precious coral management unit species’’ to read as follows: § 665.461 Definitions. As used in §§ 665.460 through 665.470: Mariana precious coral ecosystem component species (Mariana precious coral ECS) means those species identified as ECS in the Marianas Archipelago FEP. * * * * * ■ 60. In § 665.462, revise paragraph (a) to read as follows: § 665.462 Permits. (a) Any vessel of the United States fishing for, taking, or retaining Mariana precious coral ECS in any Mariana Archipelago precious coral permit area must have a permit issued under § 665.13. * * * * * ■ 61. In § 665.463, revise paragraphs (a), (b) introductory text, and (c) introductory text to read as follows: § 665.463 Prohibitions. * * * * * (a) Use any vessel to fish for, take, retain, possess or land Mariana precious coral ECS in any Mariana 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 Mariana precious coral ECS in any Mariana precious coral permit area: * * * * * (c) Take and retain, possess, or land any live Hemicorallium laauense, Pleurocorallium secundum, Corallium sp., or live black coral from any precious coral permit area that is less than the minimum height specified in § 665.465 unless: * * * * * 62. In § 665.465, revise paragraphs (a) and (b) to read as follows: ■ § 665.465 Size restrictions. * * * * * (a) Live Hemicorallium laauense, Pleurocorallium secundum, or Corallium sp. harvested from any precious coral permit area must have attained a minimum height of 10 inches (25.4 cm). (b) 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). [FR Doc. 2018–19341 Filed 9–12–18; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\13SEP1.SGM 13SEP1

Agencies

[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Proposed Rules]
[Pages 46466-46475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19341]



[[Page 46466]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 180202118-8753-01]
RIN 0648-BH63


Pacific Island Fisheries; Reclassifying Management Unit Species 
to Ecosystem Component Species

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Department of Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to reclassify certain management unit species in 
the Pacific Islands as ecosystem component species. The proposed rule 
would also update the scientific and local names of certain species. 
The intent of this proposed rule is to prioritize conservation and 
management efforts and to improve efficiency of fishery management in 
the region.

DATES: NMFS must receive comments by October 29, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0021, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0021, 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), 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818.
    Instructions: NMFS may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. All comments received are a part of the public 
record and will generally be posted for public viewing on https://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).
    The Western Pacific Fishery Management Council (Council) prepared 
Amendment 4 to the Fishery Ecosystem Plan (FEP) for American Samoa, 
Amendment 5 to the FEP for the Marianas Archipelago, and Amendment 5 to 
the FEP for Hawaii. Those amendments, available as a single document, 
include an environmental assessment (EA) that describes the potential 
impacts on the human environment that would result from the proposed 
rule. Copies of the EA and other supporting documents are available at 
https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sarah Ellgen, NMFS PIR Sustainable 
Fisheries, 808-725-5173.

SUPPLEMENTARY INFORMATION: The Council and NMFS manage fishing in the 
U.S. Exclusive Economic Zone (EEZ) around the U.S. Pacific Islands. The 
management of bottomfish, coral reef ecosystem species, precious 
corals, and crustaceans in the EEZ (Federal waters) around Hawaii, the 
Mariana Islands (Guam and the Commonwealth of the Northern Marina 
Islands (CNMI)), and American Samoa is achieved under the FEPs for 
American Samoa, the Mariana Archipelago, and Hawaii, pursuant to the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The Magnuson-Stevens Act authorizes management of 
fisheries in the EEZ, while American Samoa, Guam, the CNMI, and Hawaii 
each manage the fisheries shoreward of the EEZ around their respective 
island areas.
    Section 301(a) of the Magnuson-Stevens Act sets ten National 
Standards for fishery conservation and management. National Standard 1 
(NS1) requires NMFS to use conservation and management measures to 
prevent overfishing, while achieving optimum yield on a continuing 
basis. The NS1 guidelines provide guidance to councils on the stocks 
under their jurisdiction that require conservation and management, and 
on how to address ecosystem component species (ECS). Specifically, not 
every fishery requires Federal management, but stocks that are caught 
predominately in Federal waters, and are also overfished or subject to 
overfishing, or likely to become overfished or subject to overfishing, 
do require conservation and management. Under NS1, Councils should 
consider the following ten non-exhaustive factors when deciding whether 
stocks require conservation and management:
    1. The stock is an important component of the marine environment.
    2. The stock is caught by the fishery.
    3. Whether a fishery management plan (FMP) can improve or maintain 
the condition of the stock. (Note that the Council reorganized their 
FMPs and calls them fishery ecosystem plans (FEPs)).
    4. The stock is a target of a fishery.
    5. The stock is important to commercial, recreational, or 
subsistence users.
    6. The fishery is important to the Nation or to the regional 
economy.
    7. The need to resolve competing interests and conflicts among user 
groups, and whether an FMP can further that resolution.
    8. The economic condition of a fishery, and whether an FMP can 
produce more efficient utilization.
    9. The needs of a developing fishery, and whether an FMP can foster 
orderly growth.
    10. The extent to which the fishery is managed adequately by 
states, by state/Federal programs, or by Federal regulations pursuant 
to other FMPs or international commissions, or by industry self-
regulation, consistent with the requirements of the Magnuson-Stevens 
Act and other applicable law.
    Councils may also consider other factors beyond the ten listed 
factors.
    NS1 also describes ECS as fish stocks that a council or the 
Secretary has determined do not require conservation and management, 
but desire to list in an FMP or FEP to achieve ecosystem management 
objectives. However, because ECS do not need conservation and 
management, ECS are not managed using annual catch limits (see 50 CFR 
600.305(d)(13)). Management measures for ECS may include requirements 
to, for example, collect data, minimize bycatch or bycatch mortality, 
protect the associated role of ECS in the ecosystem, and/or address 
other ecosystem issues. Data collection also allows for monitoring the 
species in case a fishery develops or monitoring for other indications 
that suggest a need to consider possible changes in Federal management.
    The Council reassessed existing bottomfish, coral reef ecosystem, 
precious coral, and crustacean, management unit species (MUS) in the 
three FEPs to determine which ones require conservation and management 
and which ones may be better suited as ECS, that is, stocks that do not 
require Federal conservation and management. Many of the MUS are caught 
predominately in state or territorial waters, generally 0-3 nm from 
shore, areas that are not in the EEZ. The Council and NMFS have limited 
authority to manage fishing activity for species predominately caught 
in state or territorial waters.

[[Page 46467]]

    This proposed rule is intended to create a more effective Federal 
management system for Pacific Island fisheries that focuses resources 
on those species or stocks caught in Federal waters that are in need of 
conservation and management. The Council and NMFS would still be 
allowed to monitor and manage ECS and identify whether Federal 
management is needed. In addition, the Council may also recommend 
continued application of other management measures for ECS that meet 
its ecosystem objectives in the FEP.
    This proposed rule would not change any fishery operations in terms 
of location, target and non-target species, catch, effort, fishermen 
participation, gear composition, seasonality, intensity, or bycatch. 
For newly designated ECS, the Council and NMFS would no longer 
establish annual catch limits or associated accountability measures. 
The states and territories would continue to monitor fisheries that 
catch ECS, in cooperation with the Council and NMFS, and if an ECS 
stock becomes newly identified as a target of a Federal fishery in the 
future, NMFS and the Council could consider reclassifying the ECS as 
MUS, and place that stock under active management measures.
    Stock reclassified as ECS would no longer have associated 
designations of essential fish habitat (EFH), because Councils may only 
designate EFH for stocks that are in need of conservation and 
management. The effects of this change would be minor, however, because 
the habitats that are essential to the MUS that require conservation 
and management overlap with most of the stocks that would be designated 
as ECS. As a result, the total area designated as EFH would change only 
for the deep (400-700 m) benthic substrates near Guam, the Commonwealth 
of the Northern Marianas (CNMI), and American Samoa. In those areas, 
the laying of communication cables and military activities that could 
potentially result in expended military materials falling to the 
seafloor would be the only activities with potential benthic effects. 
Without an EFH designation for fish stocks in those areas, Federal 
agencies would need to continue to rely on other applicable laws (e.g., 
the Clean Water Act) to evaluate and mitigate potential large effects 
of their proposed actions.
    This proposed rule would reduce the number of MUS from 205 species 
or families to 11 in the American Samoa FEP, from 227 species or 
families to 13 in the Marianas FEP, and from 173 species or families to 
20 in the Hawaii FEP. See the EA Appendix B for the complete list of 
ECS (see ADDRESSES).
    This proposed rule would remove the definitions of ``Currently 
Harvested Coral Reef Taxa (CHCRT)'' and ``Potentially Harvested Coral 
Reef Taxa (PHCRT)'' and revise the definitions of ``Ecosystem Component 
Species'' and ``Special Permit'' throughout. In the current 
regulations, coral reef MUS are divided into two categories: CHCRT and 
PHCRT. CHCRT are those species that are harvested commercially in the 
EEZ, and PHCRT are those species that may be potentially harvested in 
the future. The proposed rule would reclassify all coral reef MUS as 
ECS, so the terms CHCRT and PHCRT would be unnecessary. The proposed 
definition of ecosystem component species aligns with the definition at 
Sec.  600.305. All definitions referencing ``MUS'' in this subpart 
would be revised to also include ECS, where applicable.
    For American Samoa, this proposed rule would reclassify the 
following species groups:

------------------------------------------------------------------------
                                                          Proposed
    Current classification      Change applies to      classification
------------------------------------------------------------------------
American Samoa bottomfish MUS.  Some species.....  American Samoa
                                                    bottomfish ECS.
American Samoa coral reef       All..............  American Samoa coral
 ecosystem MUS.                                     reef ECS.
American Samoa crustacean MUS.  All..............  American Samoa
                                                    crustacean ECS.
American Samoa precious coral   All..............  American Samoa
 MUS.                                               precious coral ECS.
------------------------------------------------------------------------

    For Hawaii, this proposed rule would reclassify the following 
species groups:

------------------------------------------------------------------------
                                                          Proposed
    Current classification      Change applies to      classification
------------------------------------------------------------------------
Hawaii bottomfish MUS.........  Some species.....  Hawaii bottomfish
                                                    ECS.
Hawaii coral reef ecosystem     All..............  Hawaii coral reef
 MUS.                                               ECS.
Hawaii crustacean MUS.........  Some species.....  Hawaii crustacean
                                                    ECS.
Hawaii precious coral MUS.....  Some species.....  Hawaii precious coral
                                                    ECS.
------------------------------------------------------------------------

    For the Marianas Archipelago, this proposed rule would reclassify 
the following species groups:

------------------------------------------------------------------------
                                                          Proposed
    Current classification      Change applies to      classification
------------------------------------------------------------------------
Mariana bottomfish MUS........  Some species.....  Mariana bottomfish
                                                    ECS.
Mariana coral reef ecosystem    All..............  Mariana coral reef
 MUS.                                               ECS.
Mariana crustacean MUS........  All..............  Mariana crustacean
                                                    ECS.
Mariana precious coral MUS....  All..............  Mariana precious
                                                    coral ECS.
------------------------------------------------------------------------

    For a detailed description of the methods that the Council and NMFS 
used to identify the species to reclassify from MUS to ECS, please 
refer to Section 2 of the EA (see ADDRESSES).
    The proposed rule would also update several scientific and common 
names according to current scientific classifications. All existing 
management measures, including reporting and record keeping, 
prohibitions, and experimental fishing regulations would apply to the 
associated ECS, unless otherwise specified.

[[Page 46468]]

    NMFS must receive any comments by the date provided in the DATES 
heading. In addition, NMFS is soliciting comments on proposed Amendment 
4 to the Fishery Ecosystem Plan (FEP) for American Samoa, Amendment 5 
to the FEP for the Marianas Archipelago, and Amendment 5 to the FEP for 
Hawaii, as stated in the Notice of Availability published on August 8, 
2018 (83 FR 39039). NMFS must receive comments on the amendments by 
October 9, 2018. NMFS will consider public comments received in 
response to the request for comments in the NOA and in response to the 
request for comments in this proposed rule in the decision to approve, 
disapprove, or partially approve the amendments.

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 three FEPs, other provisions of the Magnuson-
Stevens Act, and other applicable laws, subject to further 
consideration after public comment.

Certification of Finding of No Significant Impact on Substantial Number 
of Small Entities

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed specification, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. A description of the proposed action, why it is being 
considered, and the legal basis for it are contained in the preamble to 
this proposed rule.
    The proposed rule would reclassify some of the management unit 
species as ecosystem component species in the FEPs for American Samoa, 
the Mariana Archipelago, and Hawaii. The proposed action would reduce 
the number of management unit species in the American Samoa FEP from 
205 species or families to 11; from 227 species or families to 13 in 
the Marianas FEP; and from 173 species or families to 20 in the Hawaii 
FEP. The proposed action would not modify any fishery activities, and 
there would be no direct economic impact to fisheries.
    The proposed rule does not duplicate, overlap, or conflict with 
other Federal rules and is not expected to have a 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 will not place a substantial 
number 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.

Executive Order 12866

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

List of Subjects in 50 CFR Part 665

    Administrative practice and procedure, American Samoa, Ecosystem, 
Fisheries, Fishing, Guam, Hawaii, Northern Mariana Islands, Permits, 
Reporting and recordkeeping requirements.

    Dated: August 31, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 665 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.  665.1, revise paragraph (a) to read as follows:


Sec.  665.1  Purpose and scope.

    (a) The regulations in this part govern fishing for Pacific Island 
management unit species (MUS) and ecosystem component species (ECS) by 
vessels of the United States that operate or are based inside the outer 
boundary of the U.S. EEZ around American Samoa, Hawaii, Guam, the 
Northern Mariana Islands, Palmyra Atoll, Kingman Reef, Jarvis Island, 
Baker Island, Howland Island, Johnston Atoll, and Wake Island.
* * * * *
0
 3. In Sec.  665.4, revise paragraph (c) to read as follows:


Sec.  665.4  Annual catch limits.

* * * * *
    (c) Exceptions. The Regional Administrator is not required to 
specify an annual catch limit for an ECS, or for an MUS that is 
statutorily excepted from the requirement pursuant to 50 CFR 
600.310(h)(2).
* * * * *
0
4. In Sec.  665.12, revise the definition of ``American Samoa FEP,'' 
remove the definition of ``Currently harvested coral reef taxa,'' 
revise the definitions of ``Ecosystem component species,'' ``First 
level buyer,'' ``Hawaii FEP,'' ``Mariana FEP,'' ``No-take MPA,'' 
``Offload,'' and ``Pelagics FEP,'' remove the definition of 
``Potentially harvested coral reef taxa,'' and revise the definitions 
of ``PRIA FEP,'' ``Special permit,'' and ``Transship'' to read as 
follows:


Sec.  665.12  Definitions.

* * * * *
    American Samoa FEP means the Fishery Ecosystem Plan for American 
Samoa, available from the Western Pacific Fishery Management Council or 
PIRO.
* * * * *
    Ecosystem component species (ECS) means a stock that a Council or 
the Secretary has determined does not require conservation and 
management, but is identified in an FEP to achieve ecosystem management 
objectives.
* * * * *
    First level buyer means:
    (1) The first person who purchases, with the intention to resell, 
management unit species (MUS) or ECS, or portions thereof, that were 
harvested by a vessel that holds a permit or is otherwise regulated 
under crustacean fisheries in subparts B through E of this part; or
    (2) A person who provides recordkeeping, purchase, or sales 
assistance in the first transaction involving MUS or ECS (such as the 
services provided by a wholesale auction facility).
* * * * *
    Hawaii FEP means the Fishery Ecosystem Plan for the Hawaiian 
Archipelago, available from the Western Pacific Fishery Management 
Council or PIRO.
* * * * *
    Mariana FEP means the Fishery Ecosystem Plan for the Mariana 
Archipelago, available from the Western Pacific Fishery Management 
Council or PIRO.
* * * * *
    No-take MPA means an area of the U.S. EEZ that is closed to fishing 
for or harvesting of any MUS or ECS, as defined in subparts B through F 
of this part.
    Offload means to remove MUS or ECS from a vessel.
* * * * *
    Pelagics FEP means the Fishery Ecosystem Plan for Pelagic Fisheries 
of the Western Pacific, available from the Western Pacific Fishery 
Management Council or PIRO.
* * * * *
    PRIA FEP means the Fishery Ecosystem Plan for the Pacific Remote 
Island Areas of Palmyra Atoll, Kingman

[[Page 46469]]

Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll, and 
Wake Island, available from the Western Pacific Fishery Management 
Council or PIRO.
* * * * *
    Special permit means a permit issued to allow fishing for coral 
reef ECS in low-use MPAs or with any gear not specifically allowed 
under Sec.  665.127, Sec.  665.227, or Sec.  665.427.
* * * * *
    Transship means to offload or otherwise transfer MUS or ECS or 
products thereof to a receiving vessel.
* * * * *
0
5. In Sec.  665.13, revise paragraph (k) to read as follows:


Sec.  665.13  Permits and fees.

* * * * *
    (k) Display. Any permit issued under this subpart, or a facsimile 
of such permit, must be on board the vessel at all times while the 
vessel is fishing for, taking, retaining, possessing, or landing MUS or 
ECS shoreward of the outer boundary of the fishery management area. Any 
permit issued under this section must be displayed for inspection upon 
request of an authorized officer.
* * * * *
0
6. In Sec.  665.14, revise paragraphs (a), (c), (d), (g)(2) 
introductory text, (g)(2)(ii), and (g)(3) and (4) to read as follows:


Sec.  665.14  Reporting and recordkeeping.

    (a) State reporting. Except for precious coral and crustacean 
fisheries, any person who is required to do so by applicable state law 
or regulation must make and/or file all reports of MUS or ECS landings 
containing all data and in the exact manner required by applicable 
state law or regulation.
* * * * *
    (c) Transshipment logbooks. Any person subject to the requirements 
of Sec.  665.124(a)(2), Sec.  665.224(a)(2), Sec.  665.424(a)(2), Sec.  
665.624(a)(2), or Sec.  665.801(e) must maintain on board the vessel an 
accurate and complete NMFS transshipment logbook containing report 
forms provided by the Regional Administrator. All information specified 
on the forms must be recorded on the forms within 24 hours after the 
day of transshipment. Each form must be signed and dated by the 
receiving vessel operator. The original logbook for each day of 
transshipment activity must be submitted to the Regional Administrator 
within 72 hours of each landing of western Pacific pelagic MUS. The 
original logbook for each day of transshipment activity must be 
submitted to the Regional Administrator within 7 days of each landing 
of coral reef ECS.
    (d) Sales report. The operator of any fishing vessel subject to the 
requirements of Sec.  665.142, Sec.  665.242, Sec.  665.442, or Sec.  
665.642, or the owner of a medium or large fishing vessel subject to 
the requirements of Sec.  665.404(a)(2) must submit to the Regional 
Administrator, within 72 hours of offloading of crustacean MUS or ECS, 
an accurate and complete sales report on a form provided by the 
Regional Administrator. The form must be signed and dated by the 
fishing vessel operator.
* * * * *
    (g) * * *
    (2) Crustaceans. Upon request, any first-level buyer must 
immediately allow an authorized officer and any employee of NMFS 
designated by the Regional Administrator, to access, inspect, and copy 
all records relating to the harvest, sale, or transfer of crustacean 
MUS or ECS taken by vessels that have permits issued under this subpart 
or Sec. Sec.  665.140 through 665.145, Sec. Sec.  665.240 through 
665.252, Sec. Sec.  665.440 through 665.445, or Sec. Sec.  665.640 
through 665.645. This requirement may be met by furnishing the 
information on a worksheet provided by the Regional Administrator. The 
information must include, but is not limited to:
* * * * *
    (ii) The amount, number, and size of each MUS or ECS involved in 
each transaction.
* * * * *
    (3) Bottomfish and seamount groundfish. Any person who is required 
by state laws and regulations to maintain records of landings and sales 
for vessels regulated by this subpart and by Sec. Sec.  665.100 through 
665.105, 665.200 through 665.212, 665.400 through 665.407, and 665.600 
through 665.606 must make those records immediately available for 
Federal inspection and copying upon request by an authorized officer.
    (4) Coral reefs. Any person who has a special permit and who is 
required by state laws and regulations to maintain and submit records 
of catch and effort, landings and sales for coral reef ECS by this 
subpart and Sec. Sec.  665.120 through 665.128, Sec. Sec.  665.220 
through 665.228, Sec. Sec.  665.420 through 665.428, or Sec. Sec.  
665.620 through 665.628 must make those records immediately available 
for Federal inspection and copying upon request by an authorized 
officer as defined in Sec.  600.10 of this chapter.
* * * * *
0
 7. In Sec.  665.15, revise paragraphs (l), (n), and (o) to read as 
follows:


Sec.  665.15  Prohibitions.

* * * * *
    (l) Fish for, take or retain within a no-take MPA, defined in Sec.  
665.99, Sec.  665.199, Sec.  665.399, or Sec.  665.599, any bottomfish 
MUS or ECS, crustacean MUS or ECS, western Pacific pelagic MUS, 
precious coral MUS or ECS, seamount groundfish MUS, or coral reef 
ecosystem ECS.
* * * * *
    (n) Fish for, catch, or harvest MUS or ECS without an operational 
VMS unit on board the vessel after installation of the VMS unit by 
NMFS, in violation of Sec.  665.19(e)(2).
    (o) Possess MUS or ECS, that were harvested after NMFS has 
installed the VMS unit on the vessel, on board that vessel without an 
operational VMS unit, in violation of Sec.  665.19(e)(2).
* * * * *
0
8. In Sec.  665.17, revise paragraphs (a) and (b) to read as follows:


Sec.  665.17  Experimental fishing.

    (a) General. The Regional Administrator may authorize, for limited 
purposes, the direct or incidental harvest of MUS or ECS that would 
otherwise be prohibited by this part. No experimental fishing may be 
conducted unless authorized by an EFP issued by the Regional 
Administrator in accordance with the criteria and procedures specified 
in this section. EFPs will be issued without charge.
    (b) Observers. No experimental fishing for crustacean MUS or ECS 
may be conducted unless a NMFS observer is aboard the vessel.
* * * * *
0
9. Revise Sec.  665.101 to read as follows:


Sec.  665.101  Definitions.

    As used in Sec. Sec.  665.100 through 665.119:
    American Samoa bottomfish ecosystem component species (American 
Samoa bottomfish ECS) means those species identified as ECS in the 
American Samoa FEP and not defined as American Samoa bottomfish MUS.
    American Samoa bottomfish management unit species (American Samoa 
bottomfish MUS) means the following species:

[[Page 46470]]



----------------------------------------------------------------------------------------------------------------
             Local name                     Common name                         Scientific name
----------------------------------------------------------------------------------------------------------------
palu-gutusiliva.....................  red snapper,            Aphareus rutilans.
                                       silvermouth.
asoama..............................  gray snapper, jobfish.  Aprion virescens.
tafauli.............................  black trevally, jack..  Caranx lugubris.
papa, velo..........................  lunartail grouper.....  Variola louti.
palu malau..........................  red snapper...........  Etelis carbunculus.
palu-loa............................  red snapper...........  Etelis coruscans.
filoa-paomumu.......................  redgill emperor.......  Lethrinus rubrioperculatus.
savane..............................  blueline snapper......  Lutjanus kasmira.
palu-`ena`ena.......................  pink snapper..........  Pristipomoides filamentosus.
palu-sina...........................  yelloweye snapper.....  Pristipomoides flavipinnis.
palu-ula, palu-sega.................  Snapper...............  Pristipomoides zonatus.
----------------------------------------------------------------------------------------------------------------

0
 10. Revise Sec.  665.103 to read as follows:


Sec.  665.103  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.15, it is unlawful for any person to fish 
for American Samoa bottomfish MUS or ECS using gear prohibited under 
Sec.  665.104.
0
11. In Sec.  665.104, revise paragraph (a) to read as follows:


Sec.  665.104  Gear restrictions.

    (a) Bottom trawls and bottom set gillnets. Fishing for American 
Samoa bottomfish MUS or ECS with bottom trawls and bottom set gillnets 
is prohibited.
* * * * *
0
12. Revise Sec.  665.121 to read as follows:


Sec.  665.121  Definitions.

    As used in Sec. Sec.  665.120 through 665.139, American Samoa coral 
reef ecosystem component species (American Samoa coral reef ECS) means 
those species identified as ECS in the American Samoa FEP and not 
defined as MUS or another ECS in this subpart.
0
 13. Revise Sec.  665.123 to read as follows:


Sec.  665.123  Relation to other laws.

    To ensure consistency between the management regimes of different 
Federal agencies with shared management responsibilities of fishery 
resources within the American Samoa fishery management area, fishing 
for American Samoa coral reef ECS 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.
0
 14. In Sec.  665.124, revise paragraphs (a)(1) and (2) and (a)(3)(i) 
and (ii) to read as follows:


Sec.  665.124  Permits and fees.

    (a) * * *
    (1) Special permit. Any person of the United States fishing for, 
taking or retaining American Samoa coral reef ECS must have a special 
permit if they fish, or if a vessel which they operate is used to fish, 
for any:
    (i) American Samoa coral reef ECS in low-use MPAs as defined in 
Sec.  665.99;
    (ii) American Samoa coral reef ECS in the coral reef ecosystem 
management area; or
    (iii) American Samoa coral reef ECS in the 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 American 
Samoa coral reef ecosystem management area to land or transship 
American Samoa coral reef ECS harvested within low-use MPAs.
    (3) * * *
    (i) Any person issued a permit to fish under any FEP who 
incidentally catches American Samoa coral reef ECS while fishing for 
bottomfish MUS or ECS, crustacean ECS, western Pacific pelagic MUS, 
precious coral ECS, or seamount groundfish MUS;
    (ii) Any person fishing for American Samoa coral reef ECS outside 
of an MPA, who does not retain any American Samoa coral reef ECS; and
* * * * *
0
15. In Sec.  665.125, revise paragraphs (a) introductory text, (a)(3), 
and (b) introductory text to read as follows:


Sec.  665.125  Prohibitions.

* * * * *
    (a) Fish for, take, retain, possess or land any American Samoa 
coral reef ecosystem ECS in any low-use MPA as defined in Sec.  665.99 
unless:
* * * * *
    (3) The American Samoa coral reef ECS possessed on board the vessel 
originated outside the management area, and this can be demonstrated 
through receipts of purchase, invoices, fishing logbooks or other 
documentation.
    (b) Fish for, take, or retain any American Samoa coral reef ECS:
* * * * *
0
16. Revise Sec.  665.126 to read as follows:


Sec.  665.126  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 American 
Samoa coral reef ECS harvested under a special permit and report the 
port and the approximate date and time at which the catch will be 
landed.
0
17. In Sec.  665.127, revise paragraphs (a) introductory text and (b) 
to read as follows:


Sec.  665.127  Allowable gear and gear restrictions.

    (a) American Samoa coral reef ECS may be taken only with the 
following allowable gear and methods:
* * * * *
    (b) American Samoa coral reef ECS 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 ECS in the management area is 
prohibited.
* * * * *
0
 18. In Sec.  665.128, revise paragraph (a) to read as follows:


Sec.  665.128  Gear identification.

    (a) Gear marking. The vessel number must be affixed to all fish and 
crab traps on board the vessel or deployed in the water by any vessel 
or person holding a permit under Sec.  665.13 or Sec.  665.124 or that 
is otherwise established to be fishing for American Samoa coral reef 
ecosystem ECS in the management area.
* * * * *
0
19. In Sec.  665.141, add the definition of ``American Samoa crustacean 
ecosystem component species'' in alphabetical order and remove the 
definition of ``American Samoa crustacean management unit species'' to 
read as follows:


Sec.  665.141  Definitions.

* * * * *
    American Samoa crustacean ecosystem component species

[[Page 46471]]

(American Samoa crustacean ECS) means those species identified as ECS 
in the American Samoa FEP.
* * * * *
0
20. In Sec.  665.161, add the definition of ``American Samoa precious 
coral ecosystem component species'' in alphabetical order and remove 
the definition of ``American Samoa precious coral management unit 
species'' to read as follows:


Sec.  665.161  Definitions.

* * * * *
    American Samoa precious coral ecosystem component species (American 
Samoa precious coral ECS) means those species identified as ECS in the 
American Samoa FEP.
* * * * *
0
 21. In Sec.  665.162, revise paragraph (a) to read as follows:


Sec.  665.162  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining American Samoa precious coral ECS in any American Samoa 
precious coral permit area must have a permit issued under Sec.  
665.13.
* * * * *
0
 22. In Sec.  665.163, revise the introductory text of paragraphs (b) 
and (c) to read as follows:


Sec.  665.163  Prohibitions.

* * * * *
    (b) Fish for, take, or retain any species of American Samoa 
precious coral ECS in any precious coral permit area:
* * * * *
    (c) Take and retain, possess, or land any live Hemicorallium 
laauense, Pleurocorallium secundum, Corallium sp., or live black coral 
from any precious coral permit area that is less than the minimum 
height specified in Sec.  665.165 unless:
* * * * *
0
 23. In Sec.  665.165, revise paragraphs (a) and (b) to read as 
follows:


Sec.  665.165  Size restrictions.

* * * * *
    (a) Live Hemicorallium laauense, Pleurocorallium secundum, or 
Corallium sp. harvested from any precious coral permit area must have 
attained a minimum height of 10 inches (25.4 cm).
    (b) 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).
0
 24. In Sec.  665.167, revise paragraph (d) to read as follows:


Sec.  665.167  Quotas.

* * * * *
    (d) Exploratory areas. The American Samoa exploratory permit area 
X-P-AS has an annual quota of 1,000 kg for all American Samoa precious 
coral ECS combined with the exception of black corals.
0
25. In Sec.  665.201, add the definition of ``Hawaii bottomfish 
ecosystem component species'' in alphabetical order, revise the 
definitions of ``Hawaii bottomfish management unit species'' and ``Main 
Hawaiian Islands non-commercial bottomfish permit,'' and in the 
definition of ``Seamount Groundfish,'' revise the entry for 
``Armorhead'' to read as follows:


Sec.  665.201  Definitions.

* * * * *
    Hawaii bottomfish ecosystem component species (Hawaii bottomfish 
ECS) means those species that are not listed as Hawaii bottomfish MUS 
and that are identified as ECS in Table 4 of the Hawaii FEP.
    Hawaii bottomfish management unit species (Hawaii bottomfish MUS) 
means the following species:

----------------------------------------------------------------------------------------------------------------
             Local name                     Common name                         Scientific name
----------------------------------------------------------------------------------------------------------------
lehi................................  silver jaw jobfish....  Aphareus rutilans.
uku.................................  gray jobfish..........  Aprion virescens.
hapu`upu`u..........................  sea bass..............  Hyporthodus quernus.
ehu.................................  squirrelfish snapper..  Etelis carbunculus.
onaga...............................  longtail snapper......  Etelis coruscans.
'opakapaka..........................  pink snapper..........  Pristipomoides filamentosus.
kalekale............................  pink snapper..........  Pristipomoides seiboldii.
gindai..............................  snapper...............  Pristipomoides zonatus.
----------------------------------------------------------------------------------------------------------------

* * * * *
    Main Hawaiian Islands non-commercial bottomfish permit means the 
permit required by Sec.  665.203(a)(2) to own or fish from a vessel 
that is used in any non-commercial vessel-based fishing, landing, or 
transshipment of any Hawaii bottomfish MUS or ECS in the MHI Management 
Subarea.
* * * * *
    Seamount Groundfish * * *

------------------------------------------------------------------------
            Common name                        Scientific name
------------------------------------------------------------------------
Armorhead.........................  Pentaceros wheeleri.
 
                                * * * * *
------------------------------------------------------------------------

0
 26. In Sec.  665.203, revise paragraphs (a)(1) and (2), (e)(1), and 
(j)(1) to read as follows:


Sec.  665.203  Permits.

    (a) * * *
    (1) Northwestern Hawaiian Islands. The owner of any vessel used to 
fish for, land, or transship Hawaii bottomfish MUS or ECS shoreward of 
the outer boundary of the NWHI subarea must have a permit issued under 
this section, and the permit must be registered for use with that 
vessel. PIRO will not register a single vessel for use with a Ho'omalu 
Zone permit and a Mau Zone permit at the same time. Mau Zone permits 
issued before June 14, 1999, became invalid June 14, 1999, except that 
a permit issued to a person who submitted a timely application under 
paragraph (b)(3) of this section is valid until the permit holder 
either receives a Mau Zone limited entry permit or until final agency 
action is taken on the permit holder's application. The Ho'omalu Zone 
and the Mau Zone limited entry systems described in this section are 
subject to abolition, modification, or additional effort limitation 
programs.
    (2) MHI non-commercial. The owner of a vessel that is used for and 
any person who participates in non-commercial, vessel-based fishing, 
landing, or transshipment of Hawaii bottomfish MUS or ECS in the MHI 
management subarea is required to obtain an MHI non-commercial 
bottomfish permit or a State of Hawaii Commercial Marine License. If 
one or more persons on a vessel-based bottomfish fishing trip holds an 
MHI non-commercial permit, then the entire trip is considered non-
commercial, and not commercial. However, if any commercial fishing 
occurs during or as a result of a vessel-based fishing trip,

[[Page 46472]]

then the fishing trip is considered commercial, and not non-commercial. 
Charter boat customers are not subject to the requirements of the 
section.
* * * * *
    (e) * * *
    (1) A qualifying landing for Ho'omalu Zone permit renewal is a 
landing of at least 2,500 lb (1,134 kg) of Hawaii bottomfish MUS or ECS 
from the Ho'omalu Zone or a landing of at least 2,500 lb (1,134 kg) of 
fish from the Ho'omalu Zone, of which at least 50 percent by weight was 
Hawaii bottomfish MUS or ECS. A permit is eligible for renewal for the 
next calendar year if the vessel covered by the permit made three or 
more qualifying landings during the current calendar year.
* * * * *
    (j) * * *
    (1) A Mau Zone permit will be eligible for renewal if the vessel 
for which the permit is registered for use made at least five separate 
fishing trips with landings of at least 500 lb (227 kg) of Hawaii 
bottomfish MUS or ECS per trip during the calendar year. Only one 
landing of bottomfish MUS or ECS per fishing trip to the Mau Zone will 
be counted toward the landing requirement.
* * * * *
0
 27. In Sec.  665.204, revise paragraphs (a), (b), (g), and (k) to read 
as follows:


Sec.  665.204  Prohibitions.

* * * * *
    (a) Fish for Hawaii bottomfish MUS or ECS, or seamount groundfish 
MUS using gear prohibited under Sec.  665.206.
    (b) Fish for, or retain on board a vessel, Hawaii bottomfish MUS or 
ECS in the Ho'omalu Zone or the Mau Zone without the appropriate permit 
registered for use with that vessel issued under Sec.  665.13.
* * * * *
    (g) Own a vessel or fish from a vessel that is used to fish non-
commercially for any Hawaii bottomfish MUS or ECS in the MHI management 
subarea without either a MHI non-commercial bottomfish permit or a 
State of Hawaii Commercial Marine License, in violation of Sec.  665.2 
or Sec.  665.203(a)(2).
* * * * *
    (k) Fish for or possess any Hawaii bottomfish MUS or ECS, or 
seamount groundfish MUS in the Hancock Seamounts Ecosystem Management 
Area, in violation of Sec.  665.209.
0
 28. In Sec.  665.205, revise paragraph (b) to read as follows:


Sec.  665.205  Notification.

* * * * *
    (b) The operator of a fishing vessel that has taken Hawaii 
bottomfish MUS or ECS in the Ho'omalu Zone must contact the USCG, by 
radio or otherwise, at the 14th District, Honolulu, HI; Pacific Area, 
San Francisco, CA; or 17th District, Juneau, AK, at least 24 hours 
before landing, and report the port and the approximate date and time 
at which the bottomfish will be landed.
0
29. Revise Sec.  665.206 to read as follows:


Sec.  665.206  Gear restrictions.

    (a) Bottom trawls and bottom set gillnets. Fishing for Hawaii 
bottomfish MUS or ECS, or seamount groundfish 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 Sec.  665.203 or otherwise 
established to be fishing for Hawaii bottomfish MUS or ECS, or seamount 
groundfish MUS in the management subareas is prohibited.
    (c) Poisons and explosives. The possession or use of any poisons, 
explosives, or intoxicating substances for the purpose of harvesting 
Hawaii bottomfish MUS or ECS, or seamount groundfish MUS is prohibited.
0
30. Revise Sec.  665.209 to read as follows:


Sec.  665.209  Fishing moratorium at Hancock Seamounts.

    Fishing for, and possession of, Hawaii bottomfish MUS or ECS, or 
seamount groundfish MUS in the Hancock Seamounts Ecosystem Management 
Area is prohibited until the Regional Administrator determines that the 
armorhead stock is rebuilt.
0
31. Revise Sec.  665.210 to read as follows:


Sec.  665.210  Hawaii restricted bottomfish species.

    Hawaii restricted bottomfish species means the following species:

----------------------------------------------------------------------------------------------------------------
             Local name                     Common name                         Scientific name
----------------------------------------------------------------------------------------------------------------
lehi................................  silver jaw jobfish....  Aphareus rutilans.
ehu.................................  squirrelfish snapper..  Etelis carbunculus.
onaga...............................  longtail snapper......  Etelis coruscans.
`opakapaka..........................  pink snapper..........  Pristipomoides filamentosus.
kalekale............................  pink snapper..........  Pristipomoides sieboldii.
gindai..............................  snapper...............  Pristipomoides zonatus.
hapu`upu`u..........................  sea bass..............  Hyporthodus quernus.
----------------------------------------------------------------------------------------------------------------

0
32. Revise Sec.  665.221 to read as follows:


Sec.  665.221  Definitions.

    As used in Sec. Sec.  665.220 through 665.239, Hawaii coral reef 
ecosystem component species (Hawaii coral reef ECS) means those species 
identified as ECS in the Hawaii FEP and are not defined as MUS or 
another ECS in this subpart.
0
 33. Revise Sec.  665.223 to read as follows:


Sec.  665.223  Relation to other laws.

    To ensure consistency between the management regimes of different 
Federal agencies with shared management responsibilities of fishery 
resources within the Hawaii coral reef ecosystem management area, 
fishing for Hawaii coral reef ECS 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.
0
 34. In Sec.  665.224, revise paragraphs (a)(1) and (2) and (a)(3)(i) 
and (ii) to read as follows:


Sec.  665.224  Permits and fees.

    (a) * * *
    (1) Special permit. Any person of the United States fishing for, 
taking or retaining Hawaii coral reef ECS must have a special permit if 
they, or a vessel which they operate, is used to fish for any:
    (i) Hawaii coral reef ECS in low-use MPAs as defined in Sec.  
665.199;
    (ii) Hawaii coral reef ECS in the coral reef ecosystem management 
area; or
    (iii) Hawaii coral reef ECS in the 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

[[Page 46473]]

used in the Hawaii coral reef ecosystem management area to land or 
transship Hawaii coral reef ECS harvested within low-use MPAs.
    (3) * * *
    (i) Any person issued a permit to fish under any FEP who 
incidentally catches Hawaii coral reef ECS while fishing for bottomfish 
MUS or ECS, crustacean MUS, western Pacific pelagic MUS, precious 
corals, or seamount groundfish;
    (ii) Any person fishing for Hawaii coral reef ECS outside of an 
MPA, who does not retain any Hawaii coral reef ECS; and
* * * * *
0
 35. In Sec.  665.225, revise paragraphs (a) introductory text, (a)(3), 
and (b) introductory text to read as follows:


Sec.  665.225  Prohibitions.

* * * * *
    (a) Fish for, take, retain, possess or land any Hawaii coral reef 
ECS in any low-use MPA as defined in Sec.  665.99 unless:
* * * * *
    (3) The Hawaii coral reef ECS possessed on board the vessel 
originated outside the management area and this can be demonstrated 
through receipts of purchase, invoices, fishing logbooks or other 
documentation.
    (b) Fish for, take, or retain any Hawaii coral reef ECS:
* * * * *
0
36. Revise Sec.  665.226 to read as follows:


Sec.  665.226  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 Hawaii 
coral reef ECS harvested under a special permit, and report the port 
and the approximate date and time at which the catch will be landed.
0
37. In Sec.  665.227, revise paragraphs (a) introductory text and (b) 
to read as follows:


Sec.  665.227  Allowable gear and gear restrictions.

    (a) Hawaii coral reef ECS may be taken only with the following 
allowable gear and methods:
* * * * *
    (b) Hawaii coral reef ECS 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 ECS in the management area is prohibited.
* * * * *
0
 38. In Sec.  665.228, revise paragraph (a) to read as follows:


Sec.  665.228  Gear identification.

    (a) The vessel number must be affixed to all fish and crab traps on 
board the vessel or deployed in the water by any vessel or person 
holding a permit under Sec.  665.13 or Sec.  665.124 or that is 
otherwise established to be fishing for Hawaii coral reef ECS in the 
management area.
* * * * *
0
 39. In Sec.  665.241, add the definition of ``Hawaii crustacean 
ecosystem component species'' in alphabetical order and revise the 
definition of ``Hawaii crustacean management unit species'' to read as 
follows:


Sec.  665.241  Definitions.

* * * * *
    Hawaii crustacean ecosystem component species (Hawaii crustacean 
ECS) means those species identified as ECS in the Hawaii FEP.
* * * * *
    Hawaii crustacean management unit species (Hawaii crustacean MUS) 
means the following crustaceans:

----------------------------------------------------------------------------------------------------------------
             Local name                     Common name                         Scientific name
----------------------------------------------------------------------------------------------------------------
papa`i kua loa......................  Kona crab.............  Ranina ranina.
                                      deepwater shrimp,       Heterocarpus sp.
                                       nylon shrimp.
----------------------------------------------------------------------------------------------------------------

* * * * *
0
 40. In Sec.  665.242, revise paragraph (a)(4) to read as follows:


Sec.  665.242  Permits.

    (a) * * *
    (4) Harvest of Hawaii crustacean MUS or ECS within the Northwestern 
Hawaiian Islands Marine National Monument is subject to the 
requirements of 50 CFR part 404.
* * * * *
0
 41. In Sec.  665.261, add the definition of ``Hawaii precious coral 
ecosystem component species'' in alphabetical order and revise the 
definition of ``Hawaii precious coral management unit species'' to read 
as follows:


Sec.  665.261  Definitions.

* * * * *
    Hawaii precious coral ecosystem component species (Hawaii precious 
coral ECS) means those species identified as ECS in the Hawaii FEP.
    Hawaii precious coral management unit species (Hawaii precious 
coral MUS) means the following species:

----------------------------------------------------------------------------------------------------------------
           Common name                                            Scientific name
----------------------------------------------------------------------------------------------------------------
Pink coral.......................  Pleurocorallium secundum.
Red coral........................  Hemicorallium laauense.
Gold coral.......................  Kulamanamana haumeaae.
Bamboo coral.....................  Acanella sp.
Black coral......................  Antipathes griggi, Antipathes grandis, Myriopathes ulex.
----------------------------------------------------------------------------------------------------------------

* * * * *
0
 42. In Sec.  665.262, revise paragraph (a) to read as follows:


Sec.  665.262  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining Hawaii precious coral MUS or ECS in any Hawaiian Archipelago 
precious coral permit area must have a permit issued under Sec.  
665.13.
* * * * *
0
 43. In Sec.  665.263, revise the introductory text of paragraphs (b) 
and (c) to read as follows:


Sec.  665.263  Prohibitions.

* * * * *
    (b) Fish for, take, or retain any species of Hawaii precious coral 
MUS or Hawaii precious coral ECS in any precious coral permit area:
* * * * *
    (c) Take and retain, possess, or land any live Hemicorallium 
laauense, Pleurocorallium secundum, Corallium sp., or live black coral 
from any

[[Page 46474]]

precious coral permit area that is less than the minimum height 
specified in Sec.  665.265 unless:
* * * * *
0
44. In Sec.  665.265, revise paragraphs (a) and (b) to read as follows:


Sec.  665.265  Size restrictions.

* * * * *
    (a) Live Hemicorallium laauense, Pleurocorallium secundum, or 
Corallium sp. harvested from any precious coral permit area must have 
attained a minimum height of 10 inches (25.4 cm).
    (b) 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).
0
 45. Revise Sec.  665.270 to read as follows:


Sec.  665.270  Gold coral harvest moratorium.

    Fishing for, taking, or retaining any gold coral MUS or ECS in any 
precious coral permit area is prohibited through June 30, 2023.
0
 46. In Sec.  665.401, add the definition of ``Mariana bottomfish 
ecosystem component species'' in alphabetical order and revise the 
definition of ``Mariana bottomfish management unit species'' to read as 
follows:


Sec.  665.401  Definitions.

* * * * *
    Mariana bottomfish ecosystem component species (Mariana bottomfish 
ECS) means those species identified as ECS in the Marianas Archipelago 
FEP and not defined as Mariana bottomfish MUS.
    Mariana bottomfish management unit species (Mariana bottomfish MUS) 
means the following fish:

----------------------------------------------------------------------------------------------------------------
             Local name                     Common name                         Scientific name
----------------------------------------------------------------------------------------------------------------
lehi/maroobw........................  red snapper,            Aphareus rutilans.
                                       silvermouth.
tarakitu/etam.......................  giant trevally, jack..  Caranx ignobilis.
tarakiton attelong, orong...........  black trevally, jack..  Caranx lugubris.
bueli, bwele........................  lunartail grouper.....  Variola louti.
buninas agaga', falaghal moroobw....  red snapper...........  Etelis carbunculus.
abuninas, taighulupegh..............  red snapper...........  Etelis coruscans.
mafuti, atigh.......................  redgill emperor.......  Lethrinus rubrioperculatus.
funai, saas.........................  blueline snapper......  Lutjanus kasmira.
buninas, falaghal-maroobw...........  yellowtail snapper....  Pristipomoides auricilla.
buninas, pakapaka, falaghal-maroobw,  pink snapper..........  Pristipomoides filamentosus.
buninas, falaghal-maroobw...........  yelloweye snapper.....  Pristipomoides flavipinnis.
                                      pink snapper..........  Pristipomoides seiboldii.
buninas rayao amariyu, falaghal-      flower snapper........  Pristipomoides zonatus.
 maroobw.
----------------------------------------------------------------------------------------------------------------

0
47. In Sec.  665.403, revise paragraph (a) introductory text to read as 
follows:


Sec.  665.403  Bottomfish fishery area management.

    (a) Guam large vessel bottomfish prohibited area (Area GU-1). A 
large vessel of the United States, as defined in Sec.  665.12, may not 
be used to fish for Mariana bottomfish MUS or ECS in the Guam large 
vessel bottomfish prohibited area, defined as the U.S. EEZ waters 
surrounding Guam that are enclosed by straight lines connecting the 
following coordinates in the order listed:
* * * * *
0
 48. In Sec.  665.404, revise paragraphs (a)(1) and (2) to read as 
follows:


Sec.  665.404  Permits.

    (a) * * *
    (1) Guam large vessel. The owner of any large vessel used to fish 
for, land, or transship Mariana bottomfish MUS or ECS shoreward of the 
outer boundary of the Guam subarea must have a permit issued under this 
section, and the permit must be registered for use with that vessel.
    (2) Commonwealth of the Northern Mariana Islands (CNMI) commercial. 
The owner of any vessel used to commercially fish for, transship, 
receive, or land Mariana bottomfish MUS or ECS shoreward of the outer 
boundary of the CNMI management subarea must have a permit issued under 
this section, and the permit must be registered for use with that 
vessel.
* * * * *
0
49. Revise Sec.  665.405 to read as follows:


Sec.  665.405  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.15, it is unlawful for any person to do 
any of the following:
    (a) Fish for Mariana bottomfish MUS or ECS using gear prohibited 
under Sec.  665.406.
    (b) Use a large vessel that does not have a valid Guam bottomfish 
permit registered for use with that vessel to fish for, land, or 
transship Mariana bottomfish MUS or ECS shoreward of the outer boundary 
of the Guam management subarea of the bottomfish fishery management 
area in violation of Sec.  665.404(a).
    (c) Use a large vessel to fish for Mariana bottomfish MUS or ECS 
within the Guam large vessel bottomfish prohibited area, as defined in 
Sec.  665.403(a).
    (d) Land or transship, shoreward of the outer boundary of the Guam 
management subarea of the bottomfish fishery management area, Mariana 
bottomfish MUS or ECS that were harvested in violation of Sec.  
665.405(c).
    (e) Use a vessel to fish commercially for Mariana bottomfish MUS or 
ECS in the CNMI management subarea without a valid CNMI commercial 
bottomfish permit registered for use with that vessel, in violation of 
Sec.  665.404(a)(2).
    (f) Falsify or fail to make, keep, maintain, or submit a Federal 
logbook as required under Sec.  665.14(b) when using a vessel to engage 
in commercial fishing for Mariana bottomfish MUS or ECS in the CNMI 
management subarea in violation of Sec.  665.14(b).
0
50. Revise Sec.  665.421 to read as follows:

Sec.  665.421  Definitions.

    As used in Sec. Sec.  665.420 through 665.439, Mariana coral reef 
ecosystem component species (Mariana coral reef ECS) are those species 
identified in the Marianas Archipelago FEP and are not defined as MUS 
or another ECS in this subpart.
0
51. Revise Sec.  665.423 to read as follows:

Sec.  665.423  Relation to other laws.

    To ensure consistency between the management regimes of different 
Federal agencies with shared management responsibilities of fishery 
resources within the Mariana coral reef ecosystem management area, 
fishing for Mariana coral reef ECS is not allowed within the boundary 
of a National Wildlife Refuge unless specifically authorized by the 
USFWS, regardless of

[[Page 46475]]

whether that refuge was established by action of the President or the 
Secretary of the Interior.
0
52. In Sec.  665.424, revise paragraphs (a)(1) and (2) and (a)(3)(i) 
and (ii) to read as follows:

Sec.  665.424  Permits and fees.

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

    (i) Mariana coral reef ecosystem MUS ECS in low-use MPAs as defined 
in Sec.  665.399;
    (ii) Mariana coral reef ECS in the coral reef ecosystem management 
area; or
    (iii) Mariana coral reef ECS in the Mariana 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 Mariana 
coral reef ecosystem management area to land or transship any Mariana 
coral reef ECS harvested within low-use MPAs.
    (3) * * *
    (i) Any person issued a permit to fish under any FEP who 
incidentally catches Mariana coral reef ECS while fishing for 
bottomfish MUS or ECS, crustacean ECS, western Pacific pelagic MUS, 
precious coral ECS, or seamount groundfish MUS.
    (ii) Any person fishing for Mariana coral reef ECS outside of an 
MPA, who does not retain any Mariana coral reef ECS.
* * * * *
0
53. In Sec.  665.425, revise paragraphs (a) introductory text, (a)(3), 
and (b) introductory text to read as follows:


Sec.  665.425  Prohibitions.

* * * * *
    (a) Fish for, take, retain, possess or land any Mariana coral reef 
ECS in any low-use MPA as defined in Sec.  665.12 unless:

* * * * *
    (3) The Mariana coral reef ECS possessed on board the vessel 
originated outside the management area, and this can be demonstrated 
through receipts of purchase, invoices, fishing logbooks or other 
documentation.
    (b) Fish for, take, or retain any Mariana coral reef ECS species:

* * * * *
0
54. Revise Sec.  665.426 to read as follows:

Sec.  665.426  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 Mariana 
coral reef ECS harvested under a special permit, and report the port 
and the approximate date and time at which the catch will be landed.
0
 55. In Sec.  665.427, revise paragraphs (a) introductory text and (b) 
to read as follows:

Sec.  665.427  Allowable gear and gear restrictions.

    (a) Mariana coral reef ECS may be taken only with the following 
allowable gear and methods:

* * * * *
    (b) Mariana coral reef ECS 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 ECS in the management area is prohibited.
* * * * *
0
 56. In Sec.  665.441, add the definition of ``Mariana crustacean 
ecosystem component species'' in alphabetical order and remove the 
definition of ``Mariana crustacean management unit species'' to read as 
follows:


Sec.  665.44  Definitions.

* * * * *
    Mariana crustacean ecosystem component species (Mariana crustacean 
ECS) means those species identified as ECS in the Marianas Archipelago 
FEP.
0
 57. In Sec.  665.442, revise paragraph (a)(2) to read as follows:

Sec.  665.442  Permits.

    (a) * * *
    (2) The owner of any vessel used to fish for Heterocarpus sp. in 
Crustacean Permit Area 5 must have a permit issued for that vessel.
* * * * *
0
 58. Revise Sec.  665.443 to read as follows:

Sec.  665.443  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600.725 
of this chapter and Sec.  665.15, it is unlawful for any person in 
Crustacean Permit Area 5 to fish for, take, or retain Heterocarpus sp. 
without a permit issued under Sec.  665.442.
0
 59. In Sec.  665.461, add introductory text and the definition of 
``Mariana precious coral ecosystem component species'' in alphabetical 
order and remove the definition of ``Mariana precious coral management 
unit species'' to read as follows:

Sec.  665.461  Definitions.

    As used in Sec. Sec.  665.460 through 665.470:

    Mariana precious coral ecosystem component species (Mariana 
precious coral ECS) means those species identified as ECS in the 
Marianas Archipelago FEP.
* * * * *
0
 60. In Sec.  665.462, revise paragraph (a) to read as follows:

Sec.  665.462  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining Mariana precious coral ECS in any Mariana Archipelago 
precious coral permit area must have a permit issued under Sec.  
665.13.
* * * * *
0
 61. In Sec.  665.463, revise paragraphs (a), (b) introductory text, 
and (c) introductory text to read as follows:

Sec.  665.463  Prohibitions.

* * * * *
    (a) Use any vessel to fish for, take, retain, possess or land 
Mariana precious coral ECS in any Mariana precious coral permit area, 
unless a permit has been issued for that vessel and area as specified 
in Sec.  665.13 and that permit is on board the vessel.
    (b) Fish for, take, or retain any species of Mariana precious coral 
ECS in any Mariana precious coral permit area:

* * * * *
    (c) Take and retain, possess, or land any live Hemicorallium 
laauense, Pleurocorallium secundum, Corallium sp., or live black coral 
from any precious coral permit area that is less than the minimum 
height specified in Sec.  665.465 unless:

* * * * *
0
 62. In Sec.  665.465, revise paragraphs (a) and (b) to read as 
follows:

Sec.  665.465  Size restrictions.

* * * * *
    (a) Live Hemicorallium laauense, Pleurocorallium secundum, or 
Corallium sp. harvested from any precious coral permit area must have 
attained a minimum height of 10 inches (25.4 cm).
    (b) 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).

[FR Doc. 2018-19341 Filed 9-12-18; 8:45 am]
 BILLING CODE 3510-22-P