§ 665.12 Definitions. In addition to the definitions in the Magnuson-Stevens Act, § 600.10 of this chapter, and subparts B through F of this part, general definitions for western Pacific fisheries have the following meanings: *American Samoa FEP* means the Fishery Ecosystem Plan for American Samoa, available from the Western Pacific Fishery Management Council or PIRO.
*Bottomfish FMP* means the Fishery Management Plan for Bottomfish and Seamount Groundfish of the Western Pacific Region established in 1986 and replaced by FEPs.
*Carapace length* means a measurement in a straight line from the ridge between the two largest spines above the eyes, back to the rear edge of the carapace of a spiny lobster (see Figure 1 to this part).
*Circle hook* means a fishing hook with the point turned perpendicularly back towards the shank.
*Commercial fishing* means fishing in which the fish harvested, either in whole or in part, are intended to enter commerce or enter commerce through sale, barter, or trade. All lobster fishing in Crustacean Permit Area 1 is considered commercial fishing.
*Commonwealth of the Northern Mariana Islands (CNMI)* means the Northern Mariana Islands.
*Coral Reef Ecosystems FMP* means the Fishery Management Plan for Coral Reef Ecosystems of the Western Pacific Region established in 2004 and replaced by FEPs.
*Council* means the Western Pacific Fishery Management Council.
*Crustacean receiving vessel* means a vessel of the United States to which lobsters taken in a crustacean management area are transferred from another vessel.
*Crustaceans FMP* means the Fishery Management Plan for Crustacean Fisheries of the Western Pacific Region established in 1982 and replaced by FEPs.
*Customary exchange* means the non-market exchange of marine resources between fishermen and community residents, including family and friends of community residents, for goods, and/or services for cultural, social, or religious reasons. Customary exchange may include cost recovery through monetary reimbursements and other means for actual trip expenses, including but not limited to ice, bait, fuel, or food, that may be necessary to participate in fisheries in the western Pacific. Actual trip expenses do not include expenses that a fisherman would incur without making a fishing trip, including expenses relating to dock space, vessel mortgage payments, routine vessel maintenance, vessel registration fees, safety equipment required by U.S. Coast Guard, and other incidental costs and expenses normally associated with ownership of a vessel.
*Dead coral* means any precious coral that no longer has any live coral polyps or tissue.
*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.
*EFP* means an experimental fishing permit.
*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).
*Fishing gear,* as used in regulations for the American Samoa, CNMI, Hawaii, and PRIA bottomfish fisheries in subparts B through E of this part, includes: ( 1 ) Bottom trawl, which means a trawl in which the otter boards or the footrope of the net are in contact with the sea bed;
( 2 ) Gillnet, (see § 600.10);
( 3 ) Hook-and-line, which means one or more hooks attached to one or more lines;
( 4 ) Set net, which means a stationary, buoyed, and anchored gill net; and
( 5 ) Trawl, (see § 600.10).
*Fishing trip* means a period of time during which fishing is conducted, beginning when the vessel leaves port and ending when the vessel lands fish.
*Fishing year* means the year beginning at 0001 local time on January 1 and ending at 2400 local time on December 31, with the exception of fishing for Deep 7 bottomfish and any precious coral MUS.
*Freeboard* means the straight line vertical distance between a vessel's working deck and the sea surface. If the vessel does not have gunwale door or stern door that exposes the working deck, freeboard means the straight line vertical distance between the top of a vessel's railing and the sea surface.
*Harvest guideline* means a specified numerical harvest objective.
*Hawaiian Archipelago* means the Main and Northwestern Hawaiian Islands, including Midway Atoll.
*Hawaii FEP* means the Fishery Ecosystem Plan for the Hawaiian Archipelago, available from the Western Pacific Fishery Management Council or PIRO.
*Hookah breather* means a tethered underwater breathing device that pumps air from the surface through one or more hoses to divers at depth.
*Incidental catch or incidental species* means species caught while fishing for the primary purpose of catching a different species.
*Land or landing* means offloading fish from a fishing vessel, arriving in port to begin offloading fish, or causing fish to be offloaded from a fishing vessel.
*Large vessel* means, as used in this part, any vessel equal to or greater than 50 ft (15.2 m) in length overall.
*Length overall (LOA) or length* of a vessel as used in this part, means the horizontal distance, rounded to the nearest foot (with any 0.5 foot or 0.15 meter fraction rounded upward), between the foremost part of the stem and the aftermost part of the stern, excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments (see Figure 2 to this part). “Stem” is the foremost part of the vessel, consisting of a section of timber or fiberglass, or cast forged or rolled metal, to which the sides of the vessel are united at the fore end, with the lower end united to the keel, and with the bowsprit, if one is present, resting on the upper end. “Stern” is the aftermost part of the vessel.
*Live coral* means any precious coral that has live coral polyps or tissue.
*Live rock* means any natural, hard substrate, including dead coral or rock, to which is attached, or which supports, any living marine life form associated with coral reefs.
*Low-use marine protected area (MPA)* means an area of the U.S. EEZ where fishing operations have specific restrictions in order to protect the coral reef ecosystem, as specified under area restrictions in subparts B through F of this part.
*Main Hawaiian Islands (MHI)* means the islands of the Hawaii Archipelago lying to the east of 161° W. long.
*Mariana Archipelago* means Guam and the Northern Mariana Islands.
*Mariana FEP* means the Fishery Ecosystem Plan for the Mariana Archipelago, available from the Western Pacific Fishery Management Council or PIRO.
*Medium vessel,* as used in this part, means any vessel equal to or more than 40 ft (12.2 m) and less than 50 ft (15.2 m) LOA.
*Non-commercial fishing* means fishing that does not meet the definition of commercial fishing in the Magnuson-Stevens Fishery Conservation and Management Act, and includes, but is not limited to, sustenance, subsistence, traditional indigenous, and recreational fishing.
*Non-precious coral* means any species of coral other than those listed under the definitions for precious coral in §§ 665.161, 665.261, 665.461, and 665.661.
*Non-selective gear* means any gear used for harvesting coral that cannot discriminate or differentiate between types, size, quality, or characteristics of living or dead coral.
*Northwestern Hawaiian Islands (NWHI)* means the islands of the Hawaiian Archipelago lying to the west of 161° W. long.
*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.
*Offset circle hook* means a circle hook in which the barbed end of the hook is displaced relative to the parallel plane of the eyed end, or shank, of the hook when laid on its side.
*Owner,* as used in the regulations for the crustacean fisheries in subparts B through E of this part and § 665.203(i) and (j), means a person who is identified as the current owner of the vessel as described in the Certificate of Documentation (Form CG-1270) issued by the United States Coast Guard (USCG) for a documented vessel, or in a registration certificate issued by a state, a territory, or the USCG for an undocumented vessel. As used in the regulations for the precious coral fisheries in subparts B through E of this part and § 665.203(c) through (h), the definition of “owner” in § 600.10 of this chapter continues to apply.
*Pacific Islands Regional Office (PIRO)* means the headquarters of the Pacific Islands Region, NMFS, located at 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818; telephone number: 808-725-5000.
*Pacific remote island areas (PRIA, or U.S. island possessions in the Pacific Ocean)* means Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll, Wake Island, and Midway Atoll.
*Pelagics FEP* means the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific, available from the Western Pacific Fishery Management Council or PIRO.
*Pelagics FMP* means the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region that was established in 1987 and replaced by the western Pacific pelagic FEP.
*Precious Corals FMP* means the Fishery Management Plan for Precious Corals of the Western Pacific Region established in 1983 and replaced by fishery ecosystem plans (FEPs).
*PRIA FEP* means the Fishery Ecosystem Plan for the Pacific Remote Island Areas of Palmyra Atoll, Kingman Reef, Jarvis Island, Baker Island, Howland Island, Johnston Atoll, and Wake Island, available from the Western Pacific Fishery Management Council or PIRO.
*Protected species* means an animal protected under the MMPA, as amended, listed under the ESA, as amended, or subject to the Migratory Bird Treaty Act, as amended.
*Receiving vessel* means a vessel that receives fish or fish products from a fishing vessel, and with regard to a vessel holding a permit under § 665.801(e), that also lands western Pacific pelagic MUS taken by other vessels using longline gear.
*Recreational fishing* means fishing conducted for sport or pleasure, including charter fishing.
*Regional Administrator* means Regional Administrator, Pacific Islands Region, NMFS (see Table 1 of § 600.502 of this chapter for address).
*Selective gear* means any gear used for harvesting coral that can discriminate or differentiate between type, size, quality, or characteristics of living or dead coral.
*Small vessel* means, as used in this part, any vessel less than 50 ft (15.2 m) in length overall.
*Special Agent-In-Charge (SAC)* means the Special Agent-In-Charge, NMFS, Pacific Islands Enforcement Division, located at 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818; telephone number: 808-725-6100, or a designee.
*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.
*SSC* means the Scientific and Statistical Committee of the Western Pacific Fishery Management Council.
*State of Hawaii commercial marine license* means the license required by the State of Hawaii for anyone to take marine life for commercial purposes (also known as the commercial fishing license).
*Transship* means to offload or otherwise transfer MUS or ECS or products thereof to a receiving vessel.
*Trap* means a box-like device used for catching and holding lobsters or fish.
*U.S. harvested coral* means coral caught, taken, or harvested by vessels of the United States within any fishery for which an FMP or FEP has been implemented under the Magnuson-Stevens Act.
*Vessel monitoring system unit (VMS unit)* means the hardware and software owned by NMFS, installed on vessels by NMFS, and required to track and transmit the positions of certain vessels.
*Western Pacific fishery management area* means those waters shoreward of the outer boundary of the EEZ around American Samoa, Guam, Hawaii, CNMI, Midway, Johnston and Palmyra Atolls, Kingman Reef, and Wake, Jarvis, Baker, and Howland Islands.
[75 FR 2205, Jan. 14, 2010, as amended at 76 FR 37286, June 27, 2011; 78 FR 33003, June 3, 2013; 79 FR 64111, Oct. 28, 2014; 84 FR 2768, Feb. 8, 2019; 84 FR 29396, June 24, 2019; 86 FR 55745, Oct. 7, 2021]