§665.120. American Samoa coral reef ecosystem fisheries. [Reserved]
50 C.F.R. § 665.120
Notes, amendments, and revision history
Authority
Authority: 16 U.S.C. 1801 et seq.
Source
Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.
50 C.F.R. §§ 665.120–665.128
§665.121. Definitions.
50 C.F.R. § 665.121
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.
Notes, amendments, and revision history
Amendments
[84 FR 2770, Feb. 8, 2019]
Authority
Authority: 16 U.S.C. 1801 et seq.
Source
Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.
Amendments
[84 FR 2770, Feb. 8, 2019]
§665.122. Reserved
50 C.F.R. § 665.122
Notes, amendments, and revision history
Authority
Authority: 16 U.S.C. 1801 et seq.
Source
Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.
§665.123. Relation to other laws.
50 C.F.R. § 665.123
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.
Notes, amendments, and revision history
Amendments
[84 FR 2770, Feb. 8, 2019]
Authority
Authority: 16 U.S.C. 1801 et seq.
Source
Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.
Amendments
[84 FR 2770, Feb. 8, 2019]
§665.124. Permits and fees.
50 C.F.R. § 665.124
Applicability. Unless otherwise specified in this subpart, § 665.13 applies to coral reef ecosystem permits.
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:
American Samoa coral reef ECS in low-use MPAs as defined in § 665.99;
American Samoa coral reef ECS in the coral reef ecosystem management area; or
American Samoa coral reef ECS in the coral reef ecosystem management area with any gear not specifically allowed in this subpart.
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.
Exceptions. The following persons are not required to have a permit under this section:
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;
Any person fishing for American Samoa coral reef ECS outside of an MPA, who does not retain any American Samoa coral reef ECS; and
Any person collecting marine organisms for scientific research as described in § 665.17, or § 600.745 of this chapter.
Validity. Each permit will be valid for fishing only in the fishery management area specified on the permit.
General requirements. General requirements governing application information, issuance, fees, expiration, replacement, transfer, alteration, display, sanctions, and appeals for permits are contained in § 665.13.
Special permit. The Regional Administrator shall issue a special permit in accordance with the criteria and procedures specified in this section.
Application. An applicant for a special or transshipment permit issued under this section must complete and submit to the Regional Administrator, a Special Coral Reef Ecosystem Fishing Permit Application Form issued by NMFS. Information in the application form must include, but is not limited to, a statement describing the objectives of the fishing activity for which a special permit is needed, including a general description of the expected disposition of the resources harvested under the permit (i.e., stored live, fresh, frozen, preserved; sold for food, ornamental, research, or other use; and a description of the planned fishing operation, including location of fishing and gear operation, amount and species (directed and incidental) expected to be harvested and estimated habitat and protected species impacts).
Incomplete applications. The Regional Administrator may request from an applicant additional information necessary to make the determinations required under this section. An applicant will be notified of an incomplete application within 10 working days of receipt of the application. An incomplete application will not be considered until corrected and completed in writing.
Issuance.
If an application contains all of the required information, the Regional Administrator will forward copies of the application within 30 days to the Council, the USCG, the fishery management agency of the affected state, and other interested parties who have identified themselves to the Council, and the USFWS.
Within 60 days following receipt of a complete application, the Regional Administrator will consult with the Council through its Executive Director, USFWS, and the Director of the affected state fishery management agency concerning the permit application and will receive their recommendations for approval or disapproval of the application based on:
Information provided by the applicant;
The current domestic annual harvesting and processing capacity of the directed and incidental species for which a special permit is being requested;
The current status of resources to be harvested in relation to the overfishing definition in the FEP;
Estimated ecosystem, habitat, and protected species impacts of the proposed activity; and
Other biological and ecological information relevant to the proposal. The applicant will be provided with an opportunity to appear in support of the application.
Following a review of the Council's recommendation and supporting rationale, the Regional Administrator may:
Concur with the Council's recommendation and, after finding that it is consistent with the goals and objectives of the FEP, the national standards, the Endangered Species Act, and other applicable laws, approve or deny a special permit; or
Reject the Council's recommendation, in which case, written reasons will be provided by the Regional Administrator to the Council for the rejection.
If the Regional Administrator does not receive a recommendation from the Council within 60 days of Council receipt of the permit application, the Regional Administrator can make a determination of approval or denial independently.
Within 30 working days after the consultation in paragraph (d)(3)(ii) of this section, or as soon as practicable thereafter, NMFS will notify the applicant in writing of the decision to grant or deny the special permit and, if denied, the reasons for the denial. Grounds for denial of a special permit include the following:
The applicant has failed to disclose material information required, or has made false statements as to any material fact, in connection with his or her application.
According to the best scientific information available, the directed or incidental catch in the season or location specified under the permit would detrimentally affect any coral reef resource or coral reef ecosystem in a significant way, including, but not limited to issues related to, spawning grounds or seasons, protected species interactions, EFH, and habitat areas of particular concern (HAPC).
Issuance of the special permit would inequitably allocate fishing privileges among domestic fishermen or would have economic allocation as its sole purpose.
The method or amount of harvest in the season and/or location stated on the permit is considered inappropriate based on previous human or natural impacts in the given area.
NMFS has determined that the maximum number of permits for a given area in a given season has been reached and allocating additional permits in the same area would be detrimental to the resource.
The activity proposed under the special permit would create a significant enforcement problem.
The Regional Administrator may attach conditions to the special permit, if it is granted, consistent with the management objectives of the FEP, including, but not limited to: (A) The maximum amount of each resource that can be harvested and landed during the term of the special permit, including trip limits, where appropriate.
The times and places where fishing may be conducted.
The type, size, and amount of gear which may be used by each vessel operated under the special permit.
Data reporting requirements.
Such other conditions as may be necessary to ensure compliance with the purposes of the special permit consistent with the objectives of the FEP.
Appeals of permit actions.
Except as provided in subpart D of 15 CFR part 904, any applicant for a permit or a permit holder may appeal the granting, denial, conditioning, or suspension of their permit or a permit affecting their interests to the Regional Administrator. In order to be considered by the Regional Administrator, such appeal must be in writing, must state the action(s) appealed, and the reasons therefore, and must be submitted within 30 days of the original action(s) by the Regional Administrator. The appellant may request an informal hearing on the appeal.
Upon receipt of an appeal authorized by this section, the Regional Administrator will notify the permit applicant, or permit holder, as appropriate, and will request such additional information and in such form as will allow action upon the appeal. Upon receipt of sufficient information, the Regional Administrator will rule on the appeal in accordance with the permit eligibility criteria set forth in this section and the FEP, as appropriate, based upon information relative to the application on file at NMFS and the Council and any additional information, the summary record kept of any hearing and the hearing officer's recommended decision, if any, and such other considerations as deemed appropriate. The Regional Administrator will notify all interested persons of the decision, and the reasons therefore, in writing, normally within 30 days of the receipt of sufficient information, unless additional time is needed for a hearing.
If a hearing is requested, or if the Regional Administrator determines that one is appropriate, the Regional Administrator may grant an informal hearing before a hearing officer designated for that purpose after first giving notice of the time, place, and subject matter of the hearing in the Federal Register. Such a hearing shall normally be held no later than 30 days following publication of the notice in the Federal Register, unless the hearing officer extends the time for reasons deemed equitable. The appellant, the applicant (if different), and, at the discretion of the hearing officer, other interested parties, may appear personally and/or be represented by counsel at the hearing and may submit information and present arguments as determined appropriate by the hearing officer. Within 30 days of the last day of the hearing, the hearing officer shall recommend in writing a decision to the Regional Administrator.
The Regional Administrator may adopt the hearing officer's recommended decision, in whole or in part, or may reject or modify it. In any event, the Regional Administrator will notify interested persons of the decision, and the reason(s) therefore, in writing, within 30 days of receipt of the hearing officer's recommended decision. The Regional Administrator's action constitutes final action for the agency for the purposes of the Administrative Procedure Act.
The Regional Administrator may, for good cause, extend any time limit prescribed in this section for a period not to exceed 30 days either upon his or her own motion or upon written request from the Council, appellant or applicant stating the reason(s) therefore.
Notes, amendments, and revision history
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019]
Authority
Authority: 16 U.S.C. 1801 et seq.
Source
Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019]
§665.125. Prohibitions.
50 C.F.R. § 665.125
In addition to the general prohibitions specified in § 600.725 of this chapter and § 665.15 of this part, it is unlawful for any person to do any of the following:
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:
A valid permit has been issued for the hand harvester or the fishing vessel operator that specifies the applicable area of harvest;
A permit is not required, as outlined in § 665.124; or
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.
Fish for, take, or retain any American Samoa coral reef ECS—
That is determined overfished with subsequent rulemaking by the Regional Administrator;
By means of gear or methods prohibited under § 665.127;
In a low-use MPA without a valid special permit; or
Fish for, take, or retain any wild live rock or live hard coral except under a valid special permit for scientific research, aquaculture seed stock collection or traditional and ceremonial purposes by indigenous people.
Notes, amendments, and revision history
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019]
Authority
Authority: 16 U.S.C. 1801 et seq.
Source
Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019]
§665.126. Notifications.
50 C.F.R. § 665.126
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.
Notes, amendments, and revision history
Amendments
[84 FR 2770, Feb. 8, 2019]
Authority
Authority: 16 U.S.C. 1801 et seq.
Source
Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.
Amendments
[84 FR 2770, Feb. 8, 2019]
§665.127. Allowable gear and gear restrictions.
50 C.F.R. § 665.127
American Samoa coral reef ECS may be taken only with the following allowable gear and methods:
Hand harvest;
Spear;
Slurp gun;
Hand net/dip net;
Hoop net for Kona crab;
Throw net;
Barrier net;
Surround/purse net that is attended at all times;
Hook-and-line (includes handline (powered or not), rod-and-reel, and trolling);
Crab and fish traps with vessel ID number affixed; and (11) Remote-operating vehicles/submersibles.
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.
Existing FEP fisheries shall follow the allowable gear and methods outlined in their respective plans.
Any person who intends to fish with new gear not included in this section must describe the new gear and its method of deployment in the special permit application. A decision on the permissibility of this gear type will be made by the Regional Administrator after consultation with the Council and the director of the affected state fishery management agency.
Notes, amendments, and revision history
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019]
Authority
Authority: 16 U.S.C. 1801 et seq.
Source
Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019]
§665.128. Gear identification.
50 C.F.R. § 665.128
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.
Enforcement action.
Traps not marked in compliance with paragraph (a) of this section and found deployed in the coral reef ecosystem management area will be considered unclaimed or abandoned property, and may be disposed of in any manner considered appropriate by NMFS or an authorized officer.
Unattended surround nets or bait seine nets found deployed in the coral reef ecosystem management area will be considered unclaimed or abandoned property, and may be disposed of in any manner considered appropriate by NMFS or an authorized officer.
Notes, amendments, and revision history
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019]
Authority
Authority: 16 U.S.C. 1801 et seq.
Source
Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019]