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 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Proposed rule; request for 

comments. 

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 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 

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. 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 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 § 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: 

Current classification Change applies to Proposed classification 

American Samoa bottomfish MUS ................................... Some species ..................... American Samoa bottomfish ECS.

American Samoa coral reef ecosystem MUS .................. All ....................................... American Samoa coral reef ECS. 

American Samoa crustacean MUS .................................. All ....................................... American Samoa crustacean ECS. 

American Samoa precious coral MUS ............................. All ....................................... American Samoa precious coral ECS. 

For Hawaii, this proposed rule would 

reclassify the following species groups: 

Current classification Change applies to Proposed classification 

Hawaii bottomfish MUS .................................................... Some species ..................... Hawaii bottomfish ECS. 

Hawaii coral reef ecosystem MUS ................................... All ....................................... Hawaii coral reef 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: 

Current classification Change applies to Proposed classification 

Mariana bottomfish MUS .................................................. Some species ..................... Mariana bottomfish ECS. 

Mariana coral reef ecosystem MUS ................................. All ....................................... Mariana coral reef 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. 


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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. 

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 

■ 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 

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: 

§ 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 


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Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 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 § 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: 

§ 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 

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 

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: 


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46470 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 

Local name Common name Scientific name 

palu-gutusiliva ............................................................ red snapper, silvermouth .......................................... Aphareus rutilans. 

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. 

■ 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: 

§ 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 

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: 

§ 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. 

■ 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 


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(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. 

* * * * * 

■ 22. In § 665.163, revise the 

introductory text of paragraphs (b) and 

(c) to read as follows: 

§ 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 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: 

§ 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 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 * * * 

Common name Scientific name 

Armorhead ............ Pentaceros wheeleri. 

* * * * * 

■ 26. In § 665.203, revise paragraphs 

(a)(1) and (2), (e)(1), and (j)(1) to read as 

follows: 

§ 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 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, 


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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. 

(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: 

§ 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 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: 

§ 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 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. 

■ 32. Revise § 665.221 to read as 

follows: 

§ 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 

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) * * * 

(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 


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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: 

§ 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. 

■ 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 

ECS in the management area is 

prohibited. 

* * * * * 

■ 38. In § 665.228, revise paragraph (a) 

to read as follows: 

§ 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 

§ 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: 

§ 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, nylon shrimp ............................... Heterocarpus sp. 

* * * * * 

■ 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: 

§ 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. 

* * * * * 

■ 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 

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 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 


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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 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: 

§ 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, silvermouth .......................................... Aphareus rutilans. 

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-maroobw ............... flower snapper .......................................................... Pristipomoides zonatus. 

■ 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 

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 

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 


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Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 46475 

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: 

* * * * * 

(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: 

§ 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 

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 


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