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Notes

50 C.F.R. §§ 665.400–665.407

8 sections in range

§665.401. Definitions.

50 C.F.R. § 665.401

As used in §§ 665.400 through 665.419:

CNMI commercial bottomfish permit means the permit required by § 665.404(a)(2) to engage in commercial fishing for Mariana bottomfish MUS in the CNMI management subarea.

Guam bottomfish permit means the permit required by § 665.404(a)(1) to use a large vessel to fish for, land, or transship Mariana bottomfish MUS shoreward of the outer boundary of the Guam subarea of the Mariana fishery management area.

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:

Notes, amendments, and revision history

Amendments

[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2774, Feb. 8, 2019; 84 FR 29397, June 24, 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; 84 FR 29397, June 24, 2019]

§665.402. Management subareas.

50 C.F.R. § 665.402

The Mariana fishery management area is divided into bottomfish management subareas with the following designations and boundaries:
(a)
Guam Management Subarea means the EEZ seaward of the Territory of Guam, with the inner boundary defined as a line coterminous with the seaward boundary of the Territory of Guam.
(b)
CNMI Management Subarea means the EEZ seaward of the CNMI, with the inner boundary defined as a line coterminous with the seaward boundary of the CNMI.
(c)
The outer boundary of each fishery management area is a line drawn in such a manner that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured, or is coterminous with adjacent international maritime boundaries. The boundary between the fishery management areas of Guam and the CNMI extends to those points that are equidistant between Guam and the island of Rota in the CNMI. CNMI and Guam management subareas are divided by a line intersecting these two points: 148° E. long., 12° N. lat., and 142° E. long., 16° N. lat.
Notes, amendments, and revision history

Amendments

[75 FR 2205, Jan. 14, 2010, as amended at 81 FR 61626, Sept. 7, 2016]

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 81 FR 61626, Sept. 7, 2016]

§665.403. Bottomfish fishery area management.

50 C.F.R. § 665.403

(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:
(b)
[Reserved]
Notes, amendments, and revision history

Amendments

[75 FR 2205, Jan. 14, 2010, as amended at 81 FR 61626, Sept. 7, 2016; 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 81 FR 61626, Sept. 7, 2016; 84 FR 2774, Feb. 8, 2019]

§665.404. Permits.

50 C.F.R. § 665.404

(a)
Applicability—
(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.
(b)
Submission. An application for a permit required under this section must be submitted to PIRO as described in § 665.13.
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]

§665.405. Prohibitions.

50 C.F.R. § 665.405

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).
(g)
Fish for or possess any Mariana Bottomfish MUS as defined in § 665.401 in the Guam Management Subarea after a closure of the fishery in violation of § 665.409(d).
(h)
Sell or offer for sale any Mariana Bottomfish MUS as defined in § 665.401 in the Guam Management Subarea after a closure of the fishery in violation of § 665.409(e).
Notes, amendments, and revision history

Amendments

[84 FR 2774, Feb. 8, 2019, as amended at 87 FR 9272, Feb. 18, 2022]

Authority

Authority: 16 U.S.C. 1801 et seq.

Source

Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.

Amendments

[84 FR 2774, Feb. 8, 2019, as amended at 87 FR 9272, Feb. 18, 2022]

§665.406. Gear restrictions.

50 C.F.R. § 665.406

(a)
Bottom trawls and bottom set gillnets. Fishing for bottomfish 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 § 665.404 or otherwise established to be fishing for bottomfish 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 bottomfish is prohibited.
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.

§665.407. At-sea observer coverage.

50 C.F.R. § 665.407

All fishing vessels subject to §§ 665.400 through 665.407 must carry an observer when directed to do so by the Regional Administrator.
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.