Pacific Island Fisheries; Reclassifying Management Unit Species to Ecosystem Component Species, 2767-2775 [2019-01294]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Rules and Regulations]
[Pages 2767-2775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01294]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 180202118-8999-01]
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), Commerce.

ACTION: Final rule.

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

SUMMARY: This final rule reclassifies certain management unit species 
in the Pacific Islands as ecosystem component species. The rule also 
updates the scientific and local names of certain species. The intent 
of this final rule is to prioritize conservation and management efforts 
and to improve efficiency of fishery management in the region.

DATES: This rule is effective March 11, 2019.

ADDRESSES: 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 action. This document is available at https://www.regulations.gov or from the Council, 1164 Bishop St., Suite 1400, 
Honolulu, HI 96813, tel (808) 522-8220, fax (808) 522-8226, or https://www.wpcouncil.org.

FOR FURTHER INFORMATION CONTACT: Kate Taylor, NMFS PIR Sustainable 
Fisheries, 808-725-5182.

SUPPLEMENTARY INFORMATION: The Council and NMFS manage fishing in the 
U.S. Exclusive Economic Zone (EEZ) around the U.S. Pacific Islands 
pursuant to the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). In this rule, NMFS, as recommended by the 
Council, is reclassifying certain bottomfish, coral reef ecosystem, 
precious coral, and crustacean management unit species (MUS) in the 
three FEPs as ecosystem component species (ECS). The action focuses 
Federal conservation and management on the MUS (i.e., the targets of 
Federal fisheries).
    The Council recommended amending the three FEPs to reclassify 
certain management unit species as ecosystem component species. The 
intent of these amendments is to focus management efforts on species 
that are in need of conservation and management, and improve efficiency 
of fishery management in the region. On August 8, 2018, NMFS published 
a notice of availability of the amendments, including an environmental 
assessment, and request for public comments (83 FR 39039); the comment 
period ended October 9, 2018. NMFS did not receive any comments 
directly related to the amendments, and on November 5, 2018, the 
Secretary of Commerce approved the FEP amendments. This final rule 
implements the FEP amendments.
    This action does not change any fishery operations in terms of 
location, target and non-target species, catch,

[[Page 2768]]

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 Council and NMFS, in cooperation with the 
State of Hawaii, Territory of American Samoa and Guam and the 
Commonwealth of the Northern Mariana Islands will continue to monitor 
fisheries that catch ECS. If an ECS stock becomes a target of a Federal 
fishery in the future, NMFS and the Council may consider including that 
stock in the management unit to actively manage that stock.
    This rule reduces 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. 
Appendix B of the EA contains the complete list of ECS. This rule also 
updates several scientific and common names according to current 
scientific classifications. All existing management measures, including 
reporting and record keeping, prohibitions, and experimental fishing 
regulations apply to the associated ECS, unless otherwise specified.
    You may find additional background information on this action in 
the preamble to the proposed rule (83 FR 46466, September 13, 2018).

Comments and Responses

    On September 13, 2018, NMFS published a proposed rule and request 
for public comments (83 FR 46466). The comment period ended October 29, 
2018. NMFS received one comment that generally supported the rule.

Changes From the Proposed Rule

    This final rule contains no changes from the proposed rule.

Classification

    The Administrator, Pacific Islands Region, NMFS, determined that 
this action is necessary for the conservation and management of Pacific 
Island fisheries, and that it is consistent with the Magnuson-Stevens 
Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. NMFS did not receive any 
comments regarding this certification. As a result, a regulatory 
flexibility analysis was not required and none was prepared.

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: February 1, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 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:
0
a. Revise the definition of ``American Samoa FEP'';
0
b. Remove the definition of ``Currently harvested coral reef taxa'';
0
c. Revise the definitions of ``Ecosystem component species'', ``First 
level buyer'', ``Hawaii FEP'', ``Mariana FEP,'' ``No-take MPA'', 
``Offload'', and ``Pelagics FEP'';
0
d. Remove the definition of ``Potentially harvested coral reef taxa''; 
and
0
e. Revise the definitions of ``PRIA FEP'', ``Special permit'', and 
``Transship''.
    The revisions 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 2769]]

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 2770]]



------------------------------------------------------------------------
           Local name                 Common name       Scientific name
------------------------------------------------------------------------
palu-gutusiliva.................  red snapper,        Aphareus rutilans.
                                   silvermouth.
asoama..........................  gray snapper,       Aprion virescens.
                                   jobfish.
tafauli.........................  black trevally,     Caranx lugubris.
                                   jack.
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-[egrave]na [egrave]na......  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 a definition for ``American Samoa crustacean 
ecosystem component species (American Samoa crustacean ECS)'' in 
alphabetical order and remove the definition of ``American

[[Page 2771]]

Samoa crustacean management unit species''.
    The addition reads as follows:


Sec.  665.141  Definitions.

* * * * *
    American Samoa crustacean ecosystem component species (American 
Samoa crustacean ECS) means those species identified as ECS in the 
American Samoa FEP.
* * * * *

0
20. In Sec.  665.161, add a definition for ``American Samoa precious 
coral ecosystem component species (American Samoa precious coral ECS)'' 
in alphabetical order and remove the definition of ``American Samoa 
precious coral management unit species''.
    The addition reads 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 a definition for ``Hawaii bottomfish 
ecosystem component species (Hawaii bottomfish ECS)'' in alphabetical 
order, revise the definitions of ``Hawaii bottomfish management unit 
species (Hawaii bottomfish MUS)'' 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        Etelis
                                   snapper.            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

[[Page 2772]]

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, 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        Etelis
                                   snapper.            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;

[[Page 2773]]

    (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 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 a definition for ``Hawaii crustacean 
ecosystem component species (Hawaii crustacean ECS)'' in alphabetical 
order and revise the definition of ``Hawaii crustacean management unit 
species (Hawaii crustacean MUS)'' 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 a definition for ``Hawaii precious coral 
ecosystem component species (Hawaii precious coral ECS)'' in 
alphabetical order and revise the definition of ``Hawaii precious coral 
management unit species (Hawaii precious coral MUS)'' 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 precious coral permit area that is less

[[Page 2774]]

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 a definition for ``Mariana bottomfish 
ecosystem component species (Mariana bottomfish ECS)'' in alphabetical 
order and revise the definition of ``Mariana bottomfish management unit 
species (Mariana bottomfish MUS)'' 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,     Caranx ignobilis.
                                   jack.
tarakiton attelong, orong.......  black trevally,     Caranx lugubris.
                                   jack.
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-      pink snapper......  Pristipomoides
 maroobw,.                                             filamentosus.
buninas, falaghal-maroobw.......  yelloweye snapper.  Pristipomoides
                                                       flavipinnis.
                                  pink snapper......  Pristipomoides
                                                       seiboldii.
buninas rayao amariyu, falaghal-  flower snapper....  Pristipomoides
 maroobw.                                              zonatus.
------------------------------------------------------------------------


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

[[Page 2775]]

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
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 a definition for ``Mariana crustacean 
ecosystem component species (Mariana crustacean ECS)'' in alphabetical 
order and remove the definition of ``Mariana crustacean management unit 
species''.
    The addition reads as follows:


Sec.  665.441  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 a definition for 
``Mariana precious coral ecosystem component species (Mariana precious 
coral ECS)'' 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. 2019-01294 Filed 2-7-19; 8:45 am]
BILLING CODE 3510-22-P