§665.160. American Samoa precious coral fisheries. [Reserved]
50 C.F.R. § 665.160
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. §§ 665.160–665.169
§665.161. Definitions.
50 C.F.R. § 665.161
As used in §§ 665.160 through 665.169:
American Samoa precious coral ecosystem component species (American Samoa precious coral ECS) means those species identified as ECS in the American Samoa FEP.
American Samoa precious coral permit area means the area encompassing the precious coral beds within the U.S. EEZ around American Samoa. Each bed is designated by a permit area code and assigned to one of the following four categories:
Established beds. [Reserved]
Conditional beds. [Reserved]
Refugia. [Reserved]
Exploratory Area. Permit Area X-P-AS includes all coral beds, other than established beds, conditional beds, or refugia, in the EEZ seaward of American Samoa.
Notes, amendments, and revision history
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, 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 2771, Feb. 8, 2019]
§665.162. Permits.
50 C.F.R. § 665.162
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.
Each permit will be valid for fishing only in the permit area specified on the permit. Precious Coral Permit Areas are defined in § 665.161.
No more than one permit will be valid for any one vessel at any one time.
No more than one permit will be valid for any one person at any one time.
The holder of a valid permit to fish one permit area may obtain a permit to fish another permit area only upon surrendering to the Regional Administrator any current permit for the precious coral fishery issued under § 665.13.
General requirements governing application information, issuance, fees, expiration, replacement, transfer, alteration, display, sanctions, and appeals for permits for the precious coral fishery are contained in § 665.13.
Notes, amendments, and revision history
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, 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 2771, Feb. 8, 2019]
§665.163. Prohibitions.
50 C.F.R. § 665.163
In addition to the general prohibitions specified in § 600.725 of this chapter and in § 665.15, it is unlawful for any person to:
Use any vessel to fish for, take, retain, possess or land precious coral in any 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.
Fish for, take, or retain any species of American Samoa precious coral ECS in any precious coral permit area:
By means of gear or methods prohibited by § 665.164.
In refugia specified in § 665.161.
In a bed for which the quota specified in § 665.167 has been attained.
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:
A valid EFP was issued under § 665.17 for the vessel and the vessel was operating under the terms of the permit; or
The coral originated outside coral beds listed in this paragraph, and this can be demonstrated through receipts of purchase, invoices, or other documentation.
Notes, amendments, and revision history
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, 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 2771, Feb. 8, 2019]
§665.164. Gear restrictions.
50 C.F.R. § 665.164
Only selective gear may be used to harvest coral from any precious coral permit area.
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.
§665.165. Size restrictions.
50 C.F.R. § 665.165
The height of a live coral specimen shall be determined by a straight line measurement taken from its base to its most distal extremity. The stem diameter of a living coral specimen shall be determined by measuring the greatest diameter of the stem at a point no less than 1 inch (2.54 cm) from the top surface of the living holdfast.
Live <I>Hemicorallium laauense, Pleurocorallium secundum,</I> or <I>Corallium</I> sp. harvested from any precious coral permit area must have attained a minimum height of 10 inches (25.4 cm).
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).
Notes, amendments, and revision history
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, 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 2771, Feb. 8, 2019]
§665.166. Closures.
50 C.F.R. § 665.166
If the Regional Administrator determines that the harvest quota for any coral bed will be reached prior to the end of the fishing year, NMFS shall publish a notice to that effect in the Federal Register and shall use other means to notify permit holders. Any such notice must indicate the reason for the closure, the bed being closed, and the effective date of the closure.
A closure is also effective for a permit holder upon the permit holder's actual harvest of the applicable quota.
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.
§665.167. Quotas.
50 C.F.R. § 665.167
General. The quotas limiting the amount of precious coral that may be taken in any precious coral permit area during the fishing year are listed in § 665.167(d). Only live coral is counted toward the quota. The accounting period for all quotas begins July 1, 1983.
Conditional bed closure. A conditional bed will be closed to all nonselective coral harvesting after the quota for one species of coral has been taken.
Reserves and reserve release. The quotas for exploratory area X-P-AS will be held in reserve for harvest by vessels of the United States in the following manner:
At the start of the fishing year, the reserve for the American Samoa exploratory area will equal the quota minus the estimated domestic annual harvest for that year.
As soon as practicable after December 31 each year, the Regional Administrator will determine the amount harvested by vessels of the United States between July 1 and December 31 of the year that just ended on December 31.
NMFS will release to TALFF an amount of precious coral for each exploratory area equal to the quota minus two times the amount harvested by vessels of the United States in that July 1-December 31 period.
NMFS will publish in the Federal Register a notification of the Regional Administrator's determination and a summary of the information on which it is based as soon as practicable after the determination is made.
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.
Notes, amendments, and revision history
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2771, 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 2771, Feb. 8, 2019]
§665.168. Seasons.
50 C.F.R. § 665.168
The fishing year for precious coral begins on July 1 and ends on June 30 the following year.
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.
§665.169. Gold coral harvest moratorium.
50 C.F.R. § 665.169
Fishing for, taking, or retaining any gold coral in any precious coral permit area is prohibited through June 30, 2028.
Notes, amendments, and revision history
Amendments
[88 FR 88836, Dec. 26, 2023]
Authority
Authority: 16 U.S.C. 1801 et seq.
Source
Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.
Amendments
[88 FR 88836, Dec. 26, 2023]