--- kind: "range" citation: "50 C.F.R. §§ 665.240–665.252" title: "50" from: "665.240" to: "665.252" count: 13 url: "https://uscodex.org/cfr/50/665.240..665.252" --- # §665.240. Hawaii crustacean fisheries. [Reserved] # §665.241. Definitions. As used in [§§ 665.240 through 665.259](/cfr/50/665.240..665.259.md): Hawaii crustacean management area is divided into the following areas: - (1) Crustacean Permit Area 1 (Permit Area 1) means the EEZ around the NWHI. - (2) Crustacean Permit Area 2 (Permit Area 2) means the EEZ around the MHI. - (3) Crustacean Permit Area 1 VMS Subarea means an area within the EEZ around the NWHI 50 nm from the center geographical positions of the islands and reefs in the NWHI as follows: 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: Interested parties means the State of Hawaii Department of Land and Natural Resources, the Council, holders of permits issued under [§ 665.242](/cfr/50/665.242.md), and any person who has notified the Regional Administrator of his or her interest in the procedures and decisions described in [§ 665.248](/cfr/50/665.248.md), and who has specifically requested to be considered an “interested party.” Lobster grounds refers, singularly or collectively, to the following four areas in Crustacean Permit Area 1 that shall be used to manage the lobster fishery: - (1) **Necker Island Lobster Grounds—** waters bounded by straight lines connecting the following coordinates in the order presented: 24°00′ N. lat., 165°00′ W. long.; 24°00′ N. lat., 164°00′ W. long.; 23°00′ N. lat., 164°00′ W. long.; and 23°00′ N. lat., 165°00′ W. long. - (2) **Gardner Pinnacles Lobster Grounds—** waters bounded by straight lines connecting the following coordinates in the order presented: 25°20′ N. lat., 168°20′ W. long.; 25°20′ N. lat., 167°40′ W. long.; 24°20′ N. lat., 167°40′ W. long.; and 24°20′ N. lat., 168°20′ W. long. - (3) **Maro Reef Lobster Grounds—** waters bounded by straight lines connecting the following coordinates in the order presented: 25°40′ N. lat., 171°00′ W. long.; 25°40′ N. lat., 170°20′ W. long.; 25°00′ N. lat., 170°20′ W. long.; and 25°00′ N. lat., 171°00′ W. long. - (4) **General NWHI Lobster Grounds—** all waters within Crustacean Permit Area 1 except for the Necker Island, Gardner Pinnacles, and Maro Reef Lobster Grounds. # §665.242. Permits. - (a) **Applicability.** - (1) The owner of any vessel used to fish for lobster in Permit Area 1 must have a limited access permit issued for such vessel. - (2) The owner of any vessel used to fish for lobster in Permit Area 2 must have a permit issued for such a vessel. - (3) The owner of any vessel used to fish for deepwater shrimp in Crustacean Permit Areas 1 or 2 must have a permit issued for that vessel. - (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](/cfr/50/part404.md). - (b) **General requirements.** General requirements governing application information, issuance, fees, expiration, replacement, transfer, alteration, display, sanctions, and appeals for permits issued under this section, as applicable, are contained in [§ 665.13](/cfr/50/665.13.md). - (c) **Application.** An application for a permit required under this section will be submitted to PIRO as described in [§ 665.13](/cfr/50/665.13.md). If the application for a limited access permit is submitted on behalf of a partnership or corporation, the application must be accompanied by a supplementary information sheet obtained from PIRO and contain the names and mailing addresses of all partners or shareholders and their respective percentage of ownership in the partnership or corporation. - (d) **Lobster Limited Access Permit Requirements.** - (1) **A lobster limited access permit is valid for fishing only in Crustacean Permit Area 1.** - (2) Only one permit will be assigned to any vessel. - (3) No vessel owner will have permits for a single vessel to harvest lobsters in Permit Areas 1 and 2 at the same time. - (4) **A maximum of 15 limited access permits can be valid at any time.** - (e) **Transfer or sale of limited access permits.** - (1) Permits may be transferred or sold, but no one individual, partnership, or corporation will be allowed to hold a whole or partial interest in more than one permit, except that an owner who qualifies initially for more than one permit may maintain those permits, but may not obtain additional permits. Layering of partnerships or corporations shall not insulate a permit holder from this requirement. - (2) If 50 percent or more of the ownership of a limited access permit is passed to persons other than those listed on the permit application, PIRO must be notified of the change in writing and provided copies of the appropriate documents confirming the changes within 30 days. - (3) Upon the transfer or sale of a limited access permit, a new application must be submitted by the new permit owner according to the requirements of [§ 665.13](/cfr/50/665.13.md). The transferred permit is not valid until this process is completed. - (f) **Replacement of a vessel covered by a limited access permit.** A limited access permit issued under this section may, without limitation as to frequency, be transferred by the permit holder to a replacement vessel owned by that person. - (g) **Issuance of limited access permits to future applicants.** - (1) The Regional Administrator may issue limited access permits under this section when fewer than 15 vessel owners hold active permits. - (2) When the Regional Administrator has determined that limited access permits may be issued to new persons, a notice shall be placed in the Federal Register, and other means will be used to notify prospective applicants of the opportunity to obtain permits under the limited access management program. - (3) A period of 90 days will be provided after publication of the Federal Register notice for submission of new applications for a limited access permit. - (4) Limited access permits issued under this [paragraph (g)](#g) will be issued first to applicants qualifying under [paragraph (g)(4)(i)](#g-4-i) of this section. If the number of limited access permits available is greater than the number of applicants that qualify under [paragraph (g)(4)(i)](#g-4-i) of this section, then limited access permits will be issued to applicants under [paragraph (g)(4)(ii)](#g-4-ii) of this section. - (i) First priority to receive limited access permits under this [paragraph (g)](#g) goes to owners of vessels that were used to land lobster from Permit Area 1 during the period 1983 through 1990, and who were excluded from the fishery by implementation of the limited access system. If there are insufficient permits for all such applicants, the new permits shall be issued by the Regional Administrator through a lottery. - (ii) Second priority to receive limited access permits under [paragraph (g)](#g) goes to owners with the most points, based upon a point system. If two or more owners have the same number of points and there are insufficient permits for all such owners, the Regional Administrator shall issue the permits through a lottery. Under the point system, limited access permits will be issued, in descending order, beginning with owners who have the most points and proceeding to owners who have the least points, based on the following: - (A) Three points shall be assigned for each calendar year after August 8, 1985, that the applicant was the operator of a vessel that was used to land lobster from Permit Area 1. - (B) Two points shall be assigned for each calendar year or partial year after August 8, 1985, that the applicant was the owner, operator, or crew member of a vessel engaged in either commercial fishing in Permit Area 2 for lobster, or fishing in Permit Area 1 for fish other than lobster with an intention to sell all or part of the catch. - (C) One point shall be assigned for each calendar year or partial year after August 8, 1985, that the applicant was the owner, operator, or crew member of a vessel engaged in any other commercial fishing in the EEZ surrounding Hawaii. - (5) A holder of a new limited access permit must own at least a 50 percent share in the vessel that the permit would cover. # §665.243. Prohibitions. In addition to the general prohibitions specified in 50 CFR §§ [600.725](/cfr/50/600.725.md) and [665.15](/cfr/50/665.15.md), it is unlawful for any person to do any of the following: - (a) **In Permit Area 1, it is unlawful for any person to—** - (1) **Fish for, take, or retain lobsters—** - (i) Without a limited access permit issued under [§ 665.242](/cfr/50/665.242.md). - (ii) By methods other than lobster traps or by hand for lobsters, as specified in [§ 665.245](/cfr/50/665.245.md). - (iii) From closed areas for lobsters, as specified in [§ 665.251](/cfr/50/665.251.md). - (iv) During a closed season, as specified in [§ 665.250](/cfr/50/665.250.md). - (v) After the closure date, as specified in [§ 665.252](/cfr/50/665.252.md), and until the fishery opens again in the following calendar year. - (vi) In a lobster grounds after closure of that grounds as specified in [§ 665.252(b)](/cfr/50/665.252.md?p=b). - (2) Fail to report before landing or offloading as specified in [§ 665.244](/cfr/50/665.244.md). - (3) Fail to comply with any protective measures implemented under [§ 665.248](/cfr/50/665.248.md). - (4) Leave a trap unattended in the Hawaii crustacean management area except as provided in [§ 665.245](/cfr/50/665.245.md). - (5) Maintain on board the vessel or in the water more than 1,200 traps per fishing vessel, of which no more than 1,100 can be assembled traps, as specified in [§ 665.245](/cfr/50/665.245.md). - (6) Land lobsters taken in Permit Area 1 after the closure date, as specified in [§ 665.252](/cfr/50/665.252.md), until the fishery opens again the following year. - (7) Refuse to make available to an authorized officer and employee of NMFS designated by the Regional Administrator for inspection and copying any records that must be made available in accordance with [§ 665.14(g)(2)](/cfr/50/665.14.md?p=g-2). - (8) Possess on a fishing vessel that has a limited access permit issued under [§ 665.242](/cfr/50/665.242.md) any lobster trap in Crustacean Permit Area 1 when fishing for lobster is prohibited as specified in §§ [665.248](/cfr/50/665.248.md), [665.250(a)](/cfr/50/665.250.md?p=a), or [665.252](/cfr/50/665.252.md), or except as allowed under [§ 665.245(a)(7)](/cfr/50/665.245.md?p=a-7). - (9) Possess on a fishing vessel that has a limited access permit issued under this subpart any lobster trap in Crustacean Permit Area 1 VMS Subarea when fishing for lobsters is prohibited as specified in §§ [665.248](/cfr/50/665.248.md), [665.250(a)](/cfr/50/665.250.md?p=a), or [665.252](/cfr/50/665.252.md), except as allowed under [§ 665.245(a)(8)](/cfr/50/665.245.md?p=a-8). - (10) Interfere with, tamper with, alter, damage, disable, or impede the operation of a VMS unit or to attempt any of the same while engaged in the Permit Area 1 fishery; or to move or remove a VMS unit while engaged in the Permit Area 1 fishery without first notifying the Regional Administrator. - (11) Make a false statement, oral or written, to the Regional Administrator or an authorized officer, regarding the certification, use, operation, or maintenance of a VMS unit used in the fishery. - (12) **Fail to allow an authorized officer to inspect and certify a VMS unit used in the fishery.** - (13) Possess, on a fishing vessel that has a limited access permit issued under this subpart, any lobster trap in a lobster grounds that is closed under [§ 665.252(b)](/cfr/50/665.252.md?p=b), unless the vessel has an operational VMS unit, certified by NMFS, on board. - (b) **In Permit Area 2, it is unlawful for any person to—** - (1) **Fish for, take, or retain lobsters—** - (i) By methods other than lobster traps or by hand, as specified in [§ 665.245](/cfr/50/665.245.md); or - (ii) During a closed season, as specified in [§ 665.250(b)](/cfr/50/665.250.md?p=b). - (2) Retain or possess on a fishing vessel any lobster taken in Permit Area 2 that is less than the minimum size specified in [§ 665.249](/cfr/50/665.249.md). - (3) Possess on a fishing vessel any lobster or lobster part taken in Permit Area 2 in a condition where the lobster is not whole and undamaged as specified in [§ 665.249](/cfr/50/665.249.md). - (4) Retain or possess on a fishing vessel, or remove the eggs from, any egg-bearing lobster, as specified in [§ 665.249](/cfr/50/665.249.md). - (5) Possess on a fishing vessel that has a permit for Permit Area 2 issued under this subpart any lobster trap in Permit Area 2 when fishing for lobster in the MHI is prohibited during the months of May, June, July, and August. - (c) In Crustacean Permit Areas 1 and 2, it is unlawful for any person to fish for, take, or retain deepwater shrimp without a permit issued under [§ 665.242](/cfr/50/665.242.md). - (d) In Crustacean Permit Area 2, it is unlawful for any person to fish for, possess, sell, or offer for sale any Kona crab from a closed fishery in the Federal waters of the MHI in violation of [§ 665.253(b)](/cfr/50/665.253.md?p=b). # §665.244. Notifications. - (a) **The operator of any vessel subject to the requirements of this subpart must—** - (1) Report, not less than 24 hours, but not more than 36 hours, before landing, the port, the approximate date and the approximate time at which spiny and slipper lobsters will be landed. - (2) Report, not less than 6 hours and not more than 12 hours before offloading, the location and time that offloading of spiny and slipper lobsters will begin. - (b) The Regional Administrator will notify permit holders of any change in the reporting method and schedule required in [paragraph (a)](#a) of this section at least 30 days prior to the opening of the fishing season. # §665.245. Gear restrictions. - (a) **Permit Area 1.** - (1) Lobsters may be taken only with lobster traps or by hand. Lobsters may not be taken by means of poisons, drugs, other chemicals, spears, nets, hook, or explosives. - (2) The smallest opening of an entry way of any lobster trap may not allow any sphere or cylinder greater than 6.5 inches (16.5 cm) in diameter to pass from outside the trap to inside the trap. - (3) Each lobster trap must have a minimum of two escape vent panels that meet the following requirements: - (i) Panels must have at least four unobstructed circular holes no smaller than 67 mm in diameter, with centers at least 82 mm apart. - (ii) The lowest part of any opening in an escape vent panel must not be more than 85 mm above the floor of the trap. - (iii) Panels must be placed opposite one another in each trap. - (4) A vessel fishing for or in possession of lobster in any permit area may not have on board the vessel any trap that does not meet the requirements of paragraphs [(a)(1)](#a-1), [(2)](#a-2), and [(3)](#a-3) of this section. - (5) A maximum of 1,200 traps per vessel may be maintained on board or in the water, provided that no more than 1,100 assembled traps are maintained on board or in the water. If more than 1,100 traps are maintained, the unassembled traps may be carried as spares only, in order to replace assembled traps that may be lost or become unusable. - (6) Traps shall not be left unattended in any permit area, except in the event of an emergency, in which case the vessel operator must notify the SAC of the emergency that necessitated leaving the traps on the grounds, and the location and number of the traps, within 24 hours after the vessel reaches port. - (7) A vessel whose owner has a limited access permit issued under this subpart and has an operating VMS unit certified by NMFS may enter Crustacean Permit Area 1 with lobster traps on board on or after June 25, but must remain outside the Crustacean Permit Area 1 VMS Subarea until the NWHI lobster season opens on July 1. - (8) A vessel whose owner has a limited access permit issued under this subpart and has on board an operational VMS unit certified by NMFS may transit Crustacean Permit Area 1, including Crustacean Permit Area 1 VMS Subarea, with lobster traps on board for the purpose of moving to another lobster grounds or returning to port following the closure date, as specified in [§ 665.252](/cfr/50/665.252.md), providing the vessel does not stop or fish and is making steady progress to another lobster grounds or back to port as determined by NMFS. - (9) The operator of a permitted vessel must notify the Regional Administrator or an authorized officer no later than June 15 of each year if the vessel will use a VMS unit in the fishery and allow for inspection and certification of the unit. - (b) **Permit Area 2.** Lobsters may be taken only with lobster traps or by hand. Lobsters may not be taken by means of poisons, drugs, other chemicals, spears, nets, hooks, or explosives. # §665.246. Gear identification. In Permit Area 1, the vessel's official number must be marked legibly on all traps and floats maintained on board the vessel or in the water by that vessel. # §665.247. At-sea observer coverage. All fishing vessels subject to [§§ 665.240](/cfr/50/665.240.md) though 665.252 and [subpart A](/cfr/50/subpartA.md) of this part must carry an observer when requested to do so by the Regional Administrator. # §665.248. Monk seal protective measures. - (a) **General.** This section establishes a procedure that will be followed if the Regional Administrator receives a report of a monk seal death that appears to be related to the lobster fishery in Permit Area 1. - (b) **Notification.** Upon receipt of a report of a monk seal death that appears to be related to the lobster fishery, the Regional Administrator will notify all interested parties of the facts known about the incident. The Regional Administrator will also notify them that an investigation is in progress, and that, if the investigation reveals a threat of harm to the monk seal population, protective measures may be implemented. - (c) **Investigation.** - (1) The Regional Administrator will investigate the incident reported and will attempt to: - (i) **Verify that the incident occurred.** - (ii) **Determine the extent of the harm to the monk seal population.** - (iii) **Determine the probability of a similar incident recurring.** - (iv) **Determine details of the incident such as—** - (A) **The number of animals involved.** - (B) **The cause of the mortality.** - (C) **The age and sex of the dead animal(s).** - (D) The relationship of the incident to the reproductive cycle, for example, breeding season (March-September), non-breeding season (October-February). - (E) **The population estimates or counts of animals at the island where the incident occurred.** - (F) **Any other relevant information.** - (v) **Discover and evaluate any extenuating circumstances.** - (vi) **Evaluate any other relevant factors.** - (2) The Regional Administrator will make the results of the investigation available to the interested parties and request their advice and comments. - (d) **Determination of relationship.** The Regional Administrator will review and evaluate the results of the investigation and any comments received from interested parties. If there is substantial evidence that the death of the monk seal was related to the lobster fishery, the Regional Administrator will: - (1) **Advise the interested parties of his or her conclusion and the facts upon which it is based.** - (2) Request from the interested parties their advice on the necessity of protective measures and suggestions for appropriate protective measures. - (e) **Determination of response.** The Regional Administrator will consider all relevant information discovered during the investigation or submitted by interested parties in deciding on the appropriate response. Protective measures may include, but are not limited to, changes in trap design, changes in gear, closures of specific areas, or closures for specific periods of time. - (f) **Action by the Regional Administrator.** If the Regional Administrator decides that protective measures are necessary and appropriate, the Regional Administrator will prepare a document that describes the incident, the protective measures proposed, and the reasons for the protective measures; provide it to the interested parties; and request their comments. - (g) **Implementation of protective measures.** - (1) If, after completing the steps described in [paragraph (f)](#f) of this section, the Regional Administrator concludes that protective measures are necessary and appropriate, the Regional Administrator will recommend the protective measures to the Assistant Administrator and provide notice of this recommendation to the Chairman of the Council and the Director of the Division of Aquatic Resources, Department of Land and Natural Resources, State of Hawaii. - (2) If the Assistant Administrator concurs with the Regional Administrator's recommendation, NMFS will publish an action in the Federal Register that includes a description of the incident that triggered the procedure described in this section, the protective measures, and the reasons for the protective measures. - (h) **Notification of “no action.”—** If, at any point in the process described in this section, the Regional Administrator or Assistant Administrator decides that no further action is required, the interested parties will be notified of this decision. - (i) **Effective dates.** - (1) The protective measures will take effect 10 days after the date of publication in the Federal Register. - (2) The protective measures will remain in effect for the shortest of the following time periods: - (i) Until the Hawaii FEP and this section are amended to respond to the problem; - (ii) Until other action that will respond to the problem is taken under the ESA; - (iii) Until the Assistant Administrator, following the procedures set forth in [paragraph (j)](#j) of this section, decides that the protective measures are no longer required and repeals the measures; or - (iv) **For the period of time set forth in the Federal Register notification, not to exceed 3 months.** The measures may be renewed for 3 months after again following procedures in [paragraphs (b) through (g)](#b..g) of this section. - (j) **Repeal.** - (1) If the Assistant Administrator decides that protective measures may no longer be necessary for the protection of monk seals, the Assistant Administrator will notify the interested parties of this preliminary decision and the facts upon which it is based. The Assistant Administrator will request advice on the proposed repeal of the protective measures. - (2) The Assistant Administrator will consider all relevant information obtained by the Regional Administrator or submitted by interested parties in deciding whether to repeal the protective measures. - (3) If the Assistant Administrator decides to repeal the protective measures— - (i) Interested parties will be notified of the decision; and - (ii) Notification of repeal and the reasons for the repeal will be published in the Federal Register. - (k) **Monk seal emergency protective measures—** - (1) **Determination of emergency.** If, at any time during the process described in [paragraphs (a) through (j)](#a..j) of this section, the Regional Administrator determines that an emergency exists involving monk seal mortality related to the lobster fishery and that measures are needed immediately to protect the monk seal population, the Regional Administrator will— - (i) **Notify the interested parties of this determination and request their immediate advice and comments.** - (ii) Forward a recommendation for emergency action and any advice and comments received from interested parties to the Assistant Administrator. - (2) **Implementation of emergency measures.** If the Assistant Administrator agrees with the recommendation for emergency action— - (i) The Regional Administrator will determine the appropriate emergency protective measures. - (ii) NMFS will publish the emergency protective measures in the Federal Register. - (iii) The Regional Administrator will notify the interested parties of the emergency protective measures. Holders of permits to fish in Permit Area I will be notified by certified mail. Permit holders that the Regional Administrator knows are on the fishing grounds also will be notified by radio. - (3) **Effective dates.** - (i) **Emergency protective measures are effective against a permit holder at 12—** 01 a.m., local time, of the day following the day the permit holder receives actual notice of the measures. - (ii) Emergency protective measures are effective for 10 days from the day following the day the first permit holder is notified of the protective measures. - (iii) Emergency protective measures may be extended for an additional 10 days, if necessary, to allow the completion of the procedures set out in [§ 665.252](/cfr/50/665.252.md). # §665.249. Lobster size and condition restrictions in Permit Area 2. - (a) Only spiny lobsters with a carapace length of 8.26 cm or greater may be retained (see Figure 1 to this part). - (b) Any lobster with a punctured or mutilated body, or a separated carapace and tail, may not be retained. - (c) A female lobster of any size may not be retained if it is carrying eggs externally. Eggs may not be removed from female lobsters. # §665.250. Closed seasons. - (a) **Lobster fishing is prohibited in Permit Area 1 during the months of January through June, inclusive.** - (b) **Lobster fishing is prohibited in Permit Area 2 during the months of May, June, July, and August.** # §665.251. Closed areas. All lobster fishing is prohibited: - (a) **Within 20 nm of Laysan Island.** - (b) Within the EEZ landward of the 10-fathom curve as depicted on National Ocean Survey Charts, Numbers 19022, 19019, and 19016. # §665.252. Harvest limitation program. - (a) **General.** Harvest guidelines for the Necker Island Lobster Grounds, Gardner Pinnacles Lobster Grounds, Maro Reef Lobster Grounds, and General NWHI Lobster Grounds for Permit Area 1 will be set annually for the calendar year and shall: - (1) **Apply to the total catch of spiny and slipper lobsters.** - (2) **Be expressed in terms of numbers of lobsters.** - (b) **Harvest guideline.** - (1) The Regional Administrator shall use information from daily lobster catch reports and lobster sales reports from previous years, and may use information from research sampling and other sources to establish the annual harvest guideline in accordance with the FEP after consultation with the Council. - (2) NMFS shall publish a document indicating the annual harvest guideline in the Federal Register by February 28 of each year and shall use other means to notify permit holders of the harvest guideline for the year. - (3) The Regional Administrator shall determine, on the basis of the information reported to NMFS by the operator of each vessel fishing, when the harvest guideline for each lobster ground will be reached. - (4) Notice of the date when the harvest guideline for a lobster ground is expected to be reached and specification of the closure date of the lobster grounds will be provided to each permit holder and/or operator of each permitted vessel at least 24 hours in advance of the closure. After a closure, the harvest of lobster in that lobster ground is prohibited, and the possession of lobster traps on board the vessel in that lobster ground is prohibited unless allowed under [§ 665.245(a)(8)](/cfr/50/665.245.md?p=a-8). - (5) With respect to the notification in [paragraph (b)(4)](#b-4) of this section, NMFS shall provide each permit holder and operator of each permitted vessel with the following information, as appropriate: - (i) Determination of when the overall harvest guideline for Crustacean Permit Area 1 will be reached; - (ii) Closure date after which harvest of lobster or possession of lobster traps on board the vessel in a lobster grounds is prohibited; - (iii) Closure date after which the possession of lobster traps on board the vessel in Crustacean Permit Area 1 is prohibited by any permitted vessel that is not operating a VMS unit certified by NMFS; and - (iv) Specification of when further landings of lobster will be prohibited by permitted vessels not carrying an operational VMS unit, certified by NMFS, on board. - (c) **Monitoring and adjustment.** The operator of each vessel fishing during the open season shall report lobster catch (by species) and effort (number of trap hauls) data while at sea to NMFS in Honolulu. The Regional Administrator shall notify permit holders of the reporting method, schedule, and logistics at least 30 days prior to the opening of the fishing season.