§665.260. Hawaii precious coral fisheries. [Reserved]
50 C.F.R. § 665.260
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. §§ 665.260–665.270
§665.261. Definitions.
50 C.F.R. § 665.261
As used in §§ 665.260 through 665.270:
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:
Hawaii precious coral permit area means the area encompassing the precious coral beds within the EEZ around Hawaii. Each bed is designated by a permit area code and assigned to one of the following four categories:
Established beds.
Makapu'u (Oahu), Permit Area E-B-1, includes the area within a radius of 2.0 nm of a point at 21°18.0′ N. lat., 157°32.5′ W. long.
Au'au Channel (Maui), Permit Area E-B-2, includes the area west and south of a point at 21°10′ N. lat., 156°40′ W. long., and east of a point at 21° N. lat., 157° W. long., and west and north of a point at 20°45′ N. lat., 156°40′ W. long.
Conditional beds.
Keahole Point (Hawaii), Permit Area C-B-1, includes the area within a radius of 0.5 nm of a point at 19°46.0′ N. lat., 156°06.0′ W. long.
Kaena Point (Oahu), Permit Area C-B-2, includes the area within a radius of 0.5 nm of a point at 21°35.4′ N. lat., 158°22.9′ W. long.
Brooks Bank, Permit Area C-B-3, includes the area within a radius of 2.0 nm of a point at 24°06.0′ N. lat., 166°48.0′ W. long.
180 Fathom Bank, Permit Area C-B-4, N.W. of Kure Atoll, includes the area within a radius of 2.0 nm of a point at 28°50.2′ N. lat., 178°53.4′ W. long.
Refugia. Westpac Bed, Permit Area R-1, includes the area within a radius of 2.0 nm of a point at 23°18′ N. lat., 162°35′ W. long.
Exploratory areas. Permit Area X-P-H includes all coral beds, other than established beds, conditional beds, or refugia, in the EEZ seaward of the State of Hawaii.
Notes, amendments, and revision history
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2773, 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 2773, Feb. 8, 2019]
§665.262. Permits.
50 C.F.R. § 665.262
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.
Each permit will be valid for fishing only in the permit area specified on the permit. Precious Coral Permit Areas are defined in § 665.261.
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 2773, 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 2773, Feb. 8, 2019]
§665.263. Prohibitions.
50 C.F.R. § 665.263
In addition to the general prohibitions specified in 50 CFR 600.725 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 Hawaii 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 Hawaii precious coral MUS or Hawaii precious coral ECS in any precious coral permit area:
By means of gear or methods prohibited by § 665.264.
In refugia specified in § 665.261.
In a bed for which the ACL specified in § 665.269 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 § 665.265 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 2773, Feb. 8, 2019; 85 FR 26624, May 5, 2020]
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 2773, Feb. 8, 2019; 85 FR 26624, May 5, 2020]
§665.264. Gear restrictions.
50 C.F.R. § 665.264
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.
§665.265. Size restrictions.
50 C.F.R. § 665.265
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 2774, 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 2774, Feb. 8, 2019]
§665.266. Area restrictions.
50 C.F.R. § 665.266
Fishing for coral on the WestPac Bed is not allowed. The specific area closed to fishing is all waters within a 2-nm radius of the midpoint of 23°18.0′ N. lat., 162°35.0′ W. long.
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.
§665.267. Seasons.
50 C.F.R. § 665.267
The fishing year for precious coral begins on July 1 and ends on June 30 the following year.
Notes, amendments, and revision history
Amendments
[85 FR 26624, May 5, 2020]
Authority
Authority: 16 U.S.C. 1801 et seq.
Source
Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.
Amendments
[85 FR 26624, May 5, 2020]
§665.268. Closures.
50 C.F.R. § 665.268
If the Regional Administrator determines that the ACL for any coral bed will be reached prior to the end of the fishing year, NMFS shall publish a document to that effect in the Federal Register and shall use other means to notify permit holders. Any such notice must indicate the fishery shall be closed, the reason for the closure, the specific 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
Amendments
[75 FR 2205, Jan. 14, 2010, as amended at 85 FR 26624, May 5, 2020]
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 85 FR 26624, May 5, 2020]
§665.269. Annual Catch Limits (ACL).
50 C.F.R. § 665.269
General. The ACLs limiting the amount of precious coral that may be taken in any precious coral permit area during the fishing year are listed in paragraph (c) of this section. Only live coral is counted toward the ACL. The accounting period for each fishing year for all precious coral ACLs begins July 1 and ends June 30 of the following year.
Reserves and reserve release. The ACL for exploratory area X-P-H 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 Hawaii exploratory areas will equal the ACL 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 Hawaii precious coral for each exploratory area equal to the ACL 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.
Precious coral. In accordance with § 665.4, the ACLs for MHI precious coral permit areas for each fishing year are as follows:
Notes, amendments, and revision history
Amendments
[85 FR 26624, May 5, 2020, as amended at 88 FR 14082, Mar. 7, 2023; 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
[85 FR 26624, May 5, 2020, as amended at 88 FR 14082, Mar. 7, 2023; 88 FR 88836, Dec. 26, 2023]
§665.270. Gold coral harvest moratorium.
50 C.F.R. § 665.270
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]