Fisheries of West Coast States and in the Western Pacific; Coral Reef Ecosystems Fishery Management Plan for the Western Pacific

 [Federal Register: September 24, 2002 (Volume 67, Number 185)]
[Proposed Rules]
[Page 59813-59822]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se02-24]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 020508114-2114-01; I. D. 030702C]
RIN 0648-AM97
 
Fisheries of West Coast States and in the Western Pacific; Coral 
Reef Ecosystems Fishery Management Plan for the Western Pacific

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce
ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule that would implement those parts 
of the Fishery Management Plan for Coral Reef Ecosystems of the Western 
Pacific Region (CREFMP)that have been approved by NMFS. Coral reef 
ecosystem fisheries in federally managed waters of the western Pacific 
U.S. exclusive economic zone (U.S. EEZ) are currently unregulated under 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The CREFMP, which was developed by the Western Pacific 
Fishery Management Council (Council), would apply ecosystem principles 
to fisheries management to conserve and protect coral reef fisheries, 
their ecosystems, and associated habitats in the U.S. EEZ around 
American Samoa, Guam, Hawaii (main Hawaiian Islands), the Commonwealth 
of the Northern Mariana Islands (CNMI), and the U.S. Pacific remote 
island areas (PRIA): Howland Island, Baker Island, Jarvis Island, Wake 
Island, Kingman Reef, Palmyra Atoll, and Johnston Atoll.

DATES: Comments must be submitted in writing by October 24, 2002.

ADDRESSES: Written comments should be sent to Dr. Charles Karnella, 
Pacific Islands Area Office (PIAO), NMFS, 1601 Kapiolani Blvd, Suite 
1110, Honolulu, HI 96814. Comments will not be accepted if submitted 
via e-mail or the internet. Copies of the CREFMP, environmental impact 
statement (EIS), regulatory impact review (RIR), and initial regulatory 
flexibility analysis (IRFA) are available at the Council website, 
www.wpcouncil.org.  Requests for a CD or paper copy of 
these documents can be made by contacting Jarad.Makaiau@noaa.gov. A 
copy of the Record of Decision issued by NMFS for the partially approved 
CREFMP is available at the PIAO website, http//swr.nmfs.noaa.gov/piao. 
 Send comments regarding the reporting burden estimate or 
any other aspect of the collection-of-information requirements in this 
proposed rule to the NMFS address and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Washington, 
DC00503 (Attn: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Kitty Simonds, Executive Director, 
Western Pacific Fishery Management Council, at (808) 522-8220 or Dr. 
Charles Karnella, Administrator, PIAO, at (808) 973-2937.

SUPPLEMENTARY INFORMATION: The Council began development of the CREFMP 
in 1996, with the preparation of an assessment of the coral reef 
ecosystem resources. Initial scoping hearings were conducted by the 
Council in June 1999 to obtain public input on a new fishery management 
plan for these resources. A notice of availability soliciting public 
comment on the CREFMP's draft environmental impact statement (DEIS) was 
published in the Federal Register on January 12, 2001 (66 FR 1945). 
Although the comment period ended on February 26, 2001, additional 
comments were accepted during the month following the closing date.
    Four major agency reviews were conducted to ensure completeness, 
accuracy, and compliance of the draft CREFMP with applicable laws. The 
Council also conducted 59 public meetings and hearings to receive 
comments on the draft document. These comments were incorporated into 
the text of the final CREFMP. The Council adopted the final CREFMP on 
June 20, 2001, and transmitted it to NMFS on March 8, 2002. A notice of 
availability was published in the Federal Register on March 18, 2002, 
67 FR 11971. On June 14, 2002, NMFS partially approved the CREFMP and 
parallel amendments to the Council's management plans for bottomfish 
and seamount groundfish fisheries (Bottomfish FMP), pelagic fisheries 
(Pelagics FMP), precious coral fisheries, and crustacean fisheries of 
the western Pacific region. The CREFMP was approved, except for that 
portion of the CREFMP that governs fishing in waters of the U.S. EEZ 
around the Northwestern Hawaiian Islands (NWHI) west of 160[deg]50' W. 
long. NMFS disapproved a portion of the plan because it would be 
inconsistent with, or duplicate, certain provisions of Executive Order 
13178 and 13196s, which together establish the NWHI Coral Reef 
Ecosystem Reserve (Reserve), as authorized by section 6(g) of Public 
Law 106-513. The Reserve encompasses a portion of the U.S. EEZ around 
the NWHI from the seaward boundary of the State of Hawaii, out to a 
distance of 50 nautical miles (nm). Specifically, section 7(b)(5) of 
Executive Order 13178, one of two executive orders that established the 
Reserve, prohibits the harvest of almost all living and non-living 
resources throughout the Reserve, while the CREFMP would actively 
manage the same species within the same geographical area. The 
bottomfish fishery in the NWHI will continue to be managed under 
existing management measures for the Bottomfish FMP, as authorized by 
the Magnuson-Stevens Act, while the process to designate a national 
marine sanctuary in the NWHI as directed by section 6(g) of Public Law 
106-513, is ongoing. Coral reefs are highly complex, integrated 
ecosystems. The vast majority of the total area covered by coral reefs 
under U.S. jurisdiction is located in the western Pacific region and 
would be managed either by this new fishery management plan or by the 
NWHI Reserve management regime. The CREFMP

[[Page 59814]]

adopts aprecautionary approach by addressing the potential for problems 
before they occur, and by establishing management measures that can be 
adapted rapidly in response to changes in the fishery. Although state 
and territorial regulations control most impacts from coral reef 
ecosystem fisheries in near-shore areas, the CREFMP would complement 
those regulations by implementing measures to manage coral reef 
ecosystems in adjacent Federal waters of the U.S. EEZ. In general, 
these areas have been minimally exploited, but potential fisheries, 
including those for live fish markets in Southeast Asia, coral and 
``live rock'' for the U.S. aquarium trade, and marine bioprospecting 
for pharmaceutical uses, may develop and are addressed within the 
CREFMP.
    The CREFMP has eight objectives: (1) Foster sustainable use of 
coral reef ecosystem resources in an ecologically and culturally 
sensitive manner; (2) provide a flexible and responsive management 
program for coral reef ecosystem resources that allows for rapid 
adjustments to management measures in response to changes in resource 
abundance, new scientific information, or changes in fishing patterns; 
(3) establish integrated resource data collection and permitting 
systems, including a research and monitoring program to collect fishery 
and other ecological information necessary to make informed management 
decisions about coral reef ecosystems in the U.S. EEZ; (4) minimize 
adverse human impacts on coral reef ecosystem resources by establishing 
new and improving existing marine protected areas (MPAs), managing 
fishing pressure, controlling wasteful harvest practices, reducing 
other anthropogenic stressors directly affecting coral reef ecosystem 
resources (through the conservation and protection of essential fish 
habitat (EFH) and allowing the recovery of naturally balanced reef 
ecosystems); (5) improve public and government awareness and 
understanding of coral reef ecosystems, their vulnerability and 
resource potential so as to reduce adverse human impacts and foster 
support for science-based management; (6) facilitate collaborative 
effort among agencies and organizations concerned with the conservation 
of coral reef ecosystems in order to share in decision-making, data, 
and resources needed to effectively monitor the vast and complex coral 
reef ecosystems managed under the CREFMP; (7) encourageand promote 
surveillance and enforcement in support of CREFMP management measures; 
and (8) provide for sustainable participation by fishing communities in 
coral reef ecosystem fisheries and, to the extent practicable, minimize 
adverse economic impacts on such communities.

Relation to Other Laws

    In order to ensure consistency between the management regimes of 
different Federal agencies, NMFS is adding language to the proposed 
rule that states that unless specifically authorized by the U.S. Fish 
and Wildlife Service (USFWS), fishing authorized under Subpart J--
Western Pacific Coral Reef Ecosystem Fisheries is not allowed within 
the boundary of a wildlife refuge regardless of whether that refuge was 
established by action of the President or the Secretary of the 
Interior. Contact the USFWS at 808-541-1291 for more information and 
boundary details.

Amendments to Existing FMPS

    To ensure consistency with the proposed regulations of the CREFMP, 
the Council would amend its existing fishery management plans for 
bottomfish and seamount groundfish fisheries, crustacean fisheries, 
pelagic fisheries, and precious coral fisheries. Fishing for management 
unit species (MUS) included in these existing plans would be prohibited 
in the CREFMP no-take MPAs. The Council initially proposed an insurance 
requirement for all vessels managed under these fishery management 
plans while operating in or transiting through the coral reef ecosystem 
MPAs. This measure was intended to provide the means for mitigating 
reef damage in the event of a vessel grounding or an oil spill in the 
coral reef ecosystems, including the possibility for wreck removal and 
reef recovery activities. The FMP did not set forth the details of this 
complex and novel issue. As a result, the insurance requirement is not 
included in this proposed rule; however, the Council will continue to 
address appropriate means to provide for reef protection. Finally, the 
MUS list for the Pelagics FMP would be amended to include only the 
following species of pelagic sharks: Alopias pelagicus (pelagic 
thresher shark), Alopias superciliousus (bigeye thresher shark), 
Alopias vulpinus (common thresher shark), Carcharhinus falciformis 
(silky shark), Carcharhinus longimanus (oceanic whitetip shark), 
Prionace glauca (blue shark), Isurus oxyrinchus (shortfin mako shark), 
Isurus paucus (longfin mako shark), and Lamna ditropis (salmon shark). 
The remaining coastal sharks currently listed as MUS in the Pelagics 
FMP would become CREFMP MUS. Dogtooth tuna would also change from a 
Pelagics FMP MUS to a CREFMP MUS. This revision to the Pelagics FMP MUS 
would closely reflect the species associated with the respective 
ecosystems for each plan and provide for more accurate data gathering 
without affecting fisheries operations.

Management Area

    The coral reef ecosystem management area consists of the U.S. EEZ 
around American Samoa, Guam, Hawaii, PRIA, and the Commonwealth of the 
Northern Mariana Islands (CNMI). For American Samoa, Guam, and Hawaii, 
the management area would generally occur between 3 nm and 200 nm from 
shore; in some areas, the outer boundary of the U.S. EEZ is truncated 
by adjacent international maritime boundaries. Management measures are 
proposed only for the ``offshore zone'', which consists of those waters 
from 3 to 200 nm. The management area for the PRIA (Kingman Reef, 
Johnston and Palmyra Atolls, and Jarvis, Howland, Baker, and Wake 
Islands) begins at the shoreline and extends offshore 200 nm (seaward 
boundary of the U.S. EEZ). Kingman Reef, Johnston and Palmyra Atolls, 
and Jarvis, Howland, and Baker Islands are National Wildlife Refuges 
managed by the USFWS. Fisheries management responsibilities in the PRIA 
and Rose Atoll will be shared by the Council, NMFS and the USFWS. 
Because the CNMI EEZ includes all waters from the shoreline to 200 nm, 
this would comprise the management area. For the purposes of this rule, 
those waters for which management measures are proposed are 
collectively termed the ``coral reef ecosystem regulatory area'', which 
includes the U.S. EEZ waters of the western Pacific region, with the 
exception of EEZ waters within 3 miles of the shoreline of the CNMI and 
the EEZ around the NWHI west of 160[deg]50' W. long.

Coral Reef Ecosystem MUS

    CRE-MUS are defined as those taxa listed in Table 1. 2 and 1. 3 of 
the CRE-FMP that spend the majority of their non-pelagic (post-
settlement) life stages within waters less than or equal to 50 fathoms 
in total depth. These MUS are separated into two lists: ``Currently 
harvested coral reef taxa'' (CHCRT) and ``potentially harvested coral 
reef taxa'' (PHCRT). CHCRT consists of coral reef associated species, 
families, or subfamilies, as described in Table 1. 2 to the CREFMP, 
that have annual landings greater than 454. 54 kg (1,000 lb) as 
reported on individual state, commonwealth, or territory catch reports 
or through creel surveys. Fisheries and research data for many of these 
species have been analyzed by

[[Page 59815]]

regional management agencies. PHCRT consists of coral reef associated 
species, families, or subfamilies, as described in Table 1. 3 to the 
CREFMP, for which little or no information is available beyond general 
taxonomic and distribution descriptions. These species have either not 
been caught in the past or have been harvested annually in amounts less 
than 454. 54 kg (1,000 lb). Species that occur in the coral reef 
ecosystem that are not managed, i. e., not listed as management unit 
species under the Council's other fishery management plans, would be 
similarly categorized. NMFS is specifically soliciting public comments 
on these MUS definitions.

Principal Management Measures

    The proposed rule contains four types of management measures, 
(MPAs, permits and monitoring, fishing gear methods, and other 
management measures) which, unless otherwise specified, would apply 
throughout the regulatory area.

MPAs

    Based on their natural resource values, human use and historic 
values, impacts of human activities, and management concerns, this rule 
would establish MPAs within the U.S. EEZ waters around the PRIA and 
Rose Atoll in American Samoa. Ecologically sensitive areas would be 
designated as no-take MPAs, in which all harvesting activities would be 
prohibited. These no-take MPAs would be located in waters of the U.S. 
EEZ seaward from the shoreline to the 50-fathom (fm) (91.5-m) curve 
(isobath) at Jarvis, Howland, and Baker Islands, Kingman Reef and Rose 
Atoll. Low-use MPAs would be located in waters of the U.S. EEZ between 
the shoreline and the 50-fm (91.5-m) curve around Johnston Atoll, 
Palmyra Atoll, and Wake Island.
    In low-use MPAs, most existing fishing activities, primarily 
recreational fishing by residents on Palmyra, could be permitted under 
special permits. The CREFMP does not abolish or amend prohibitions or 
restrictions on fishing imposed under other Federal laws, such as the 
National Wildlife Refuge System Administration Act. In other words, no 
special permits issued under these regulations would allow fishing 
within the boundary of a national wildlife refuge unless such fishery 
is also authorized by the USFWS. Fisheries governed under the Council's 
other fishery management plans and operating in low-use MPAs would 
continue to abide by the permit and reporting requirements established 
under those plans. Minimum insurance coverage against vessel groundings 
and oil spills is not included in this proposed rule at this time for 
reasons explained earlier; however, the Council will continue to 
explore options to help mitigate adverse impacts resulting from 
potential vessel groundings in the coral reef ecosystems in the U.S. 
EEZ. Although not an MPA in the sense of having fishing or permitting 
restrictions, Guam's Southern Banks is designated as a no-anchoring 
zone.

Permits and Monitoring

    In general, any person who harvests coral reef ecosytem MUS in low-
use MPAs would be required to have a Federal special permit issued by 
NMFS. Issuance of special permits would be on a case-by-case basis and 
based upon several factors including the potential for bycatch, the 
sensitivity of the area to the type of fishing proposed, and the level 
of fishing occurring in relation to the level considered sustainable in 
a low-use MPA. A person permitted and targeting non-CRE MUS under other 
fishery management plans would not be required to obtain a special 
permit to fish in low-use MPAs. In addition to the permit requirement 
for low-use MPAs, special permits would be required for any directed 
fisheries on PHCRT within the regulatory area. The harvest of live rock 
and living corals would be prohibited throughout the federally managed 
U.S. EEZ waters of the region (except 0-3 miles around CNMI); however, 
under special permits with conditions specified by NMFS following 
consultation with the Council, indigenous people could be allowed to 
harvest live rock or coral for traditional uses, and aquaculture 
operations could be permitted to harvest seed stock. The proposed rule 
would implement a Federal reporting system for all fishing under 
special permits. Resource monitoring systems administered by state, 
territorial, and commonwealth agencies would continue to collect 
fishery data on the existing coral reef fisheries that do not require 
special permits.

Fishing Gears and Methods

    Fishing gear has the potential to adversely impact coral reef 
ecosystems. The CREFMP lists both allowable fishing gear types and 
fishing methods for targeting MUS. The listing of allowable gear types 
and methods is based on: (1) Impact on habitat; (2) potential for 
bycatch; and (3) degree to which fish may find refuge from capture. The 
proposed list of allowable gear types is: (1) Hand harvest; (2) spear; 
(3) slurp gun; (4) hand/dip net; (5) hoop net for Kona crab; (6) throw 
net; (7) barrier net; (8) surround/purse net that is attended at all 
times; (9) hook-and-line (powered and unpowered handlines, rod and 
reel, and trolling); (10) crab and fish traps with vessel ID number 
affixed; and (11) remote operating vehicles/submersibles. New fishing 
gears that are not included in the allowable gear list may be allowed 
under the special permit provision. The proposed rule would prohibit 
SCUBA-assisted spearfishing at night within U.S. EEZ waters around the 
PRIA.

Other Management Measures

Adaptive Management

    A framework process, providing for an administratively simplified 
procedure to facilitate adjustments to management measures previously 
analyzed in the CREFMP, is an important component of the CREFMP. These 
potential framework measures include designating ``no-anchoring'' zones 
and establishing mooring buoys, requiring vessel monitoring systems on 
board fishing vessels, designating areas for the sole use of indigenous 
peoples, and including species not specifically listed as PHCRT under 
the ``special permit'' regime as warranted. A general fishing permit 
program could also be established for all U.S. EEZ coral reef ecosystem 
fisheries under the framework process of the CREFMP.

Other Actions

    The CREFMP also contains non-regulatory measures consistent with 
CREFMP objectives that would be undertaken by the Council outside of 
the regulatory regime. These include a process and criteria for EFH 
consultations; formal plan team coordination to identify and to address 
coral reef ecosystem impacts from existing FMPs fisheries; a system to 
facilitate consistent state and territorial level management; and 
research and education efforts.

Classification

    With the exception of provisions of the CREFMP that have been 
disapproved, NMFS has determined that the CREFMP and the parallel 
amendments to the bottomfish and seamount groundfish fisheries, pelagic 
fisheries, crustacean fisheries, and precious coral fisheries fishery 
management plans that this rule would implement are consistent with the 
national standards of the Magnuson-Stevens Act and other applicable 
laws.
    The Council prepared an Final Environmental Impact Statement (EIS) 
for the CREFMP; a notice of availability was published on May 10, 2002 
(67 FR

[[Page 59816]]

31801). On June 14, 2002, in partially approving the CREFMP, NMFS 
issued a Record of Decision identifying the selected alternative, a 
variation of the preferred alternative in the EIS. The intent of the 
partially approved CREFMP and its proposed implementing rule (i. e., 
selected alternative) is to prevent harmful activities and adverse 
impacts to the environment before they occur. This proposed rule is 
expected to maintain the sustainability of target and non-target 
species; safeguard against substantial damage to the ocean and coastal 
habitats and/or EFH;protect endangered or threatened species, marine 
mammals, and critical habitat; help ensure public health and safety; 
prevent the occurrence of cumulative adverse effects that could have a 
substantial effect on the target species or non-target species; promote 
biodiversity and ecosystem function within the affected area; and 
minimize, if not eliminate, negative social or economic impacts.
    This proposed rule has been determined to be significant for 
purposes of Executive Order 12866.
    The Council prepared an IRFA that describes the economic impact 
this proposed rule, if adopted, would have on small entities. The IRFA 
is available from the Council (see ADDRESSES). A summary of the IRFA 
follows.
    The need for and objectives of this proposed rule are stated in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this document and are 
not repeated here. This action is taken under authority of the 
Magnuson-Stevens Act and regulations at 50 CFR part 660.
    All commercial fishing operations affected by this proposed rule 
are considered to be small entities under guidelines issued by the 
Small Business Administration because they are independently owned and 
operated, and have annual receipts not in excess of $3. 5 million. 
Based on information provided in the IRFA, this proposed rule would 
potentially affect 24 to 63 entities, including commercial harvesters 
of food fish, ornamental fish collectors, charter sportsfishing 
operations, and research entities. It is difficult to predict how many 
entities would alter their planned operations by fishing in state 
waters or moving to other target species to avoid applying for special 
permits and complying with increased reporting requirements under this 
proposed rule. However, NMFS believes that initially approximately five 
special permit applications will be received each year.
    It is estimated that the costs to these small entities will 
primarily consist of a special permit application fee of between $50 
and $100 per application. It is not anticipated that many additional 
entities (beyond those holding special permits) will be affected by 
this measure, as the proposed MPAs are located far from inhabited areas 
and the majority of other fisheries operate outside of proposed MPA 
waters utilizing gears that would continue to be allowed under this 
proposed rule. However, small entities using fish or crab traps to 
target CRE MUS throughout the regulatory area will be required to affix 
identification markers to each trap on board a vessel or deployed in 
the water. Based on similar requirements in other fisheries, the cost 
of this requirement is anticipated to be minimal, as identification 
markings may be inexpensively made using permanent ink, paint, or dye. 
Other, non-quantifiable, potential costs include revenue impacts 
resulting from the implementation of no-take MPAs. This action has 
information collection requirements that are addressed elsewhere in 
this classification section.
    Several alternatives to these proposed measures are examined in the 
IRFA. Please note that the impacts of the proposed measures (selected 
alternative) will be less than the preferred alternative because the 
NWHI commercial bottomfish fishery will not be affected under the 
partially approved CREFMP (see Record of Decision). The first 
alternative is the no action alternative, which would not impose any 
economic costs on small entities. This alternative was rejected on the 
basis that it could lead to unsustainable levels of fishing effort and 
eventual degradation of coral reef ecosystems and their component 
resources. The second alternative examined is similar to the selected 
alternative with the following exceptions. It would not designate any 
no-take MPAs (low-use MPAs would be designated). It would not implement 
any prohibitions on nighttime fishing for coral reef ecosystem MUS with 
SCUBA/hookah gear, and it would not prohibit the take of live rock or 
coral throughout the regulatory area. This alternative was also 
rejected on the basis that it would not provide sufficient protection 
to coral reef ecosystems or their component resources. Finally, the 
third alternative examined would designate no-take MPAs out to 100 
fathoms around all western Pacific islands and atolls (no low-use MPAs 
would be designated); require general permits for harvest of all CHCRT 
and special permits for harvest of all PHCRT throughout the western 
Pacific U.S. EEZ; prohibit all spearfishing with SCUBA/hookah 
throughout the U.S. EEZ; and prohibit the take of live rock or coral 
throughout the U.S. EEZ. This alternative was rejected on the basis 
that it would unnecessarily impede the sustainable use of coral reef 
ecosystem resources, as the selected alternative would provide adequate 
conservation and protection for these resources.
    A copy of this analysis is available from the Council for public 
review and comment.
    This proposed rule contains collection-of-information requirements 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). These requirements have been submitted to OMB for approval. 
Public reporting burden for these collections of information is 
estimated to average 2 hours per response for a permit application, 3 
hours for a permit appeal, 30 minutes per day for a fishing record, 15 
minutes per day for a transshipment log, 3 minutes for an at-sea 
notification prior to landing, and 2 minutes per trap to mark fishing 
gear. These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information.
    Public comment is sought regarding whether this proposed collection 
of information is necessary for the proper performance of the functions 
of the agency, including whether the information has practical utility; 
the accuracy of the burden estimate; ways to enhance the quality, 
utility, and clarity of the information to be collected; and ways to 
minimize the burden of the collection of information, including through 
the use of automated collection techniques or other forms of 
information technology. Send comments on these and any other aspects of 
the collection regarding these burden estimates or any other aspect of 
the collection of information to PIAO at the ADDRESSES above, and to 
the OMB at the Office of Information and Regulatory Affairs, OMB, 
Washington, DC20503 (Attention:NOAA Desk Officer).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of informationsubject to the 
requirements of the PRA, unless the collection of information displays 
a currently valid OMB Control Number.
    On March 7, 2002, an informal Endangered Species Act section 7 
consultation was completed by NMFS' Southwest Region, Office of 
Sustainable Fisheries, and concluded by NMFS'

[[Page 59817]]

Southwest Region, Office of Protected Resources regarding the CREFMP. 
It was determined that the proposed action is not likely to adversely 
affect any endangered or threatened resources or critical habitat under 
NMFS's jurisdiction. On May 22, 2002, the USFWS concurred with the 
determination of NMFS that the activities proposed in the CREFMP are 
not likely to adversely affect listed species (i. e., seabirds and 
terrestrial plants) and listed species shared with NMFS (i. e., sea 
turtles under its jurisdiction).
    This proposed rule is consistent with Executive Order 13089, which 
is intended to preserve and protect the biodiversity, health, heritage, 
and social and economic value of U.S. coral reef ecosystems and the 
marine environment.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, and 
Reporting and recordkeeping requirements.

    Dated: September 13, 2002.
Wlliam T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660 FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

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

    2. In Sec.  660.11, paragraph (b) is revised, and a new paragraph 
(c) is added to read as follows:

Sec.  660.11  Purpose and scope.

* * * * *
    (b) Regulations specific to individual fisheries are included in 
subparts C, D, E, F, and J of this part.
    (c) Nothing in subparts C, D, E, F, and J of this part is intended 
to supercede any valid state or Federal regulations that are more 
restrictive than those published here.

    3. Section 660.12 is amended by revising the introductory text and 
the definition for ``Pacific pelagic management unit species''; and 
adding definitions for the ``Commonwealth of the Northern Mariana 
Islands (CNMI)'', ``CNMI offshore area'', ``Coral reef ecosystem 
management area'', ``Coral reef ecosystem management unit species'', 
``Coral reef ecosystem regulatory area'', ``Hookah breather'', ``Live 
rock'', ``Low use marine protected area'', ``No-take marine protected 
area'', and ``Special permit'', alphabetically to Sec.  660.12 to read 
as follows:

Sec.  660.12  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act, and in 
Sec.  600. 10, the terms used in subparts B through F and subpart J of 
this part have the following meanings:
* * * * *
    Commonwealth of the Northern Mariana Islands (CNMI) means Northern 
Mariana Islands.
    CNMI offshore area means the portion of the U.S. EEZ around the 
CNMI extending seaward from
    (1) a line drawn 3 nautical miles from the baseline around the CNMI 
from which the territorial sea is measured, to
    (2) the outer boundary of the U.S. EEZ, which to the south means 
those points which are equidistant between Guam and the island of Rota 
in the CNMI.
* * * * *
    Coral Reef ecosystem management area means the U.S. EEZ waters 
surrounding American Samoa, Guam, Hawaii, CNMI and the U.S. Pacific 
remote island areas (PRIA).
    Coral reef ecosystem management unit species (MUS) means all of the 
taxa listed in Table 1. 2 and 1. 3 of the Coral Reef Ecosystems Fishery 
Management Plan (CREFMP) that spend the majority of their non-pelagic 
(post-settlement) life stages within waters less than or equal to 50 
fathoms in total depth. Table 1. 2 contains a listing of Currently 
Harvested Coral Reef Ecosystem MUS, and Table 1. 3 contains a listing 
of Potentially Harvested Coral Reef Ecosystem MUS.
    Coral reef ecosystem regulatory area means the U.S. EEZ waters 
around American Samoa, Guam, Hawaii, CNMI and the PRIA except for the 
portion of EEZ waters 0-3 miles around the CNMI, and EEZ waters around 
the NWHI.
* * * * *
    Hookah breather means a tethered underwater breathing device that 
pumps air from the surface through one or more hoses to divers at 
depth.
* * * * *
    Live rock means any natural, hard substrate, including dead coral 
or rock, to which is attached, or which supports, any living marine 
life-form associated with coral reefs.
* * * * *
    Low use marine protected area (MPA) means an area of the U.S. EEZ 
where fishing operations have specific restrictions in order to protect 
the coral reef ecosystem, as specified under area restrictions.
* * * * *
    No-take Marine Protected Area (MPA) means an area of the U.S. EEZ 
that is closed to fishing for or harvesting of MUS from every Western 
Pacific Council Fishery Management Plan.
* * * * *
    Pacific Pelagic Management Unit Species means the following fish:

------------------------------------------------------------------------
                     Common Name                        Scientific Name
------------------------------------------------------------------------
Mahimahi (dolphinfish)                                 Coryphaena spp.
Indo-Pacific blue marlin                               Makaira mazara
Black marlin                                           M. indica
Striped marlin                                         Tetrapturus audax
Shortbill spearfish                                    T. angustirostris
Swordfish                                              Xiphias gladius
Sailfish                                               Istiophorus
                                                        platypterus
Pelagic thresher shark                                 Alapiaspelagicus
Bigeye thresher shark                                  Alopias
                                                       .................
                                                       .................
Common thresher shark                                  Alopias vulpinus
Silky shark                                            Carcharhinus
                                                        falciformis
Oceanic whitetip shark                                 Carcharhinus
                                                        longimanus
Blue shark                                             Prionace glauca
Shortfin mako shark                                    Isurus oxyrinchus
Longfin mako shark                                     Isurus paucus

[[Page 59818]]

salmon shark                                           Lamna ditropis
Albacore                                               Thunnus alalunga
Bigeye tuna                                            T. obesus
Yellowfin tuna                                         T. albacore
Northern bluefin tuna                                  T. thynnus
Skipjack tuna                                          Katsuwonus
                                                        pelamis
Kawakawa                                               Euthynnus affinis
Wahoo                                                  Acanthocybium
                                                        solandri
Moonfish                                               Lampris spp.
Oilfish family                                         Gempylidae
Pomfret                                                family Bramidae
Other tuna relatives                                   Auxis spp.,
                                                        Scomber spp.;
                                                        Allothunus spp.
------------------------------------------------------------------------

* * * * *
    Special permit means a permit issued to allow fishing for coral 
reef ecosystem resources in low-use MPAs or to fish for any potentially 
harvested coral reef taxa.
* * * * *

    4. In Sec.  660.13, paragraph (a), the first sentence of paragraph 
(c)(1), the first and second sentences of paragraph (c)(2), and 
paragraphs (e), (f)(2), and (g)(1) are revised to read as follows:

Sec.  660.13  Permits and fees.

* * * * *
    (a)Applicability. The requirements for permits for specific Western 
Pacific fisheries are set forth in subparts C, D, E, F and J of this 
part.
* * * * *
    (c) Application. (1) A Southwest Regional Federal fisheries permit 
application form may be obtained from the Pacific Islands Area Office 
(PIAO) to apply for a permit or permits to operate in any of the 
fisheries regulated under subparts C, D, E, F, and J of this part. * * 
*
    (2) A minimum of 15 days should be allowed for processing a permit 
application for fisheries under subparts C, D, E, and F of this part. A 
minimum of 60 days should be allowed for processing a permit 
application for fisheries under subpart J of this part.* * *
* * * * *
    (e) Issuance. (1) After receiving a complete application, the 
Regional Administrator will issue a permit to an applicant who is 
eligible under Sec. Sec.  660.21, 660.41, 660.61, and 660.81.
    (2) After receiving a complete application, the PIAO Administrator 
may issue a special permit in accordance with Sec.  660.601(d)(3).
    (f) Fees.* * *
    (2) PIAO will charge a fee for each application for a Hawaii 
longline limited access permit, a Mau zone limited access permit, and a 
coral reef ecosystem special permit (including permit transfers and 
permit renewals). The amount of the fee is calculated in accordance 
with the procedures of the NOAA Finance Handbook, for determining the 
administrative costs of each special product or service. The fee may 
not exceed such costs and is specified with each application form. The 
appropriate fee must accompany each application. Failure to pay the fee 
will preclude issuance of any of the permits listed in this section.
    (g) Expiration. (1) Permits issued under subparts C, D, E, F, and J 
of this part are valid for the period specified on the permit unless 
transferred, revoked, suspended, or modified under 15 CFR part 904.
* * * * *

    5. In Sec.  660.14, paragraphs (a), (b), and (g) are revised and 
paragraph (f)(4) is added to read as follows:

Sec.  660.14  Reporting and recordkeeping.

    (a) Fishing record forms. The operator of any fishing vessel 
subject to the requirements of Sec. Sec.  660.21, 660.41, 660.81, or 
660.601 must maintain on board the vessel an accurate and complete 
record of catch, effort and other data on report forms provided by the 
PIAO Administrator. All information specified on the forms must be 
recorded on the forms within 24 hours after completion of each fishing 
day. Each form must be signed and dated by the fishing vessel operator. 
For the fisheries managed under Sec. Sec.  660.21, 660.41, and 660.81, 
the original logbook form for each day of the fishing trip must be 
submitted to the PIAO Administrator within 72 hours of each landing of 
MUS. For the fisheries managed under Sec.  660.601, the original 
logbook form for each day of the fishing trip must be submitted to the 
PIAO Administrator within 30 days of each landing of MUS.
    (b) Transshipment logbooks. Any person subject to the requirements 
of Sec.  660.21(c) or 660.601(a)(2) must maintain on board the vessel 
an accurate and complete NMFS transshipment logbook containing report 
forms provided by the PIAO Administrator. All information specified on 
the forms must be recorded on the forms within 24 hours after the day 
of transshipment. Each form must be signed and dated by the receiving 
vessel operator. The original logbook for each day of transshipment 
activity must be submitted to the PIAO Administrator within 72 hours of 
each landing of Pacific pelagic management unit species. The original 
logbook for each day of transshipment activity must be submitted to the 
PIAO Administrator within 7 days of each landing of coral reef 
ecosystem MUS.
* * * * *
    (f) * * *
    (4) Coral Reef Ecosystem MUS. Any person who has a special permit 
and who is required by state laws and regulations to maintain and 
submit records of catch and effort, landings and sales for coral reef 
ecosystem MUS by this subpart and subpart J of this part must make 
those records immediately available for Federal inspection and copying 
upon request by an authorized officer as defined in Sec.  600. 10.
    (g) State reporting. Any person who has a permit under Sec.  
660.21, 660.61, or 660.601 of this chapter and who is regulated by 
state laws and regulations to maintain and submit records of catch and 
effort, landings and sales for vessels regulated by subparts C, E and J 
of this part must maintain and submit those records in the exact manner 
required by state laws and regulations.

    6. In Sec.  660.15, paragraphs (f) and (k) are revised and a new 
paragraph (l) is added to read as follows:

Sec.  660.15  Prohibitions.

* * * * *
    (f) Fail to affix or maintain vessel or gear markings, as required 
by Sec. Sec.  660.16, 660.24, 660.47, and 660.605.
* * * * *
    (k) Fail to notify officials as required in Sec. Sec.  660.23, 
660.28, 660.43, 660.63, and 660.603.
    (l) Fish for, take or retain within a no-take MPA. defined in Sec.  
660.18, any Bottomfish MUS, Coral reef ecosytem

[[Page 59819]]

MUS, Crustacean MUS, Pelagic MUS, Precious coral MUS or Seamount 
groundfish.
* * * * *

    7. In subpart B, Sec.  660.18 is added to read as follows:

Sec.  660.18  Area restrictions.

    (a) Fishing is prohibited in all no-take MPAs designated in this 
section.
    (b) Anchoring by all fishing vessels over 50 ft (15.25 m) LOA is 
prohibited in the U.S. EEZ seaward of the Territory of Guam west of 144 
[deg]30' E. long. except in the event of an emergency caused by ocean 
conditions or by a vessel malfunction that can be documented.
    (c) MPAs.--(1) No-take MPAs.The following U.S. EEZ waters in the 
Western Pacific Region are no-take MPAs:
    (i) Landward of the 50-fathom (fm) (91.5-m) curve at Jarvis, 
Howland, and Baker Islands, and Kingman Reef; as depicted on National 
Ocean Survey Chart Numbers 83116 and 83153;
    (ii) Landward of the 50-fm (91.5-m) curve around Rose Atoll, as 
depicted on National Ocean Survey Chart Number 83484.
    (2) Low-use MPAs. The following U.S. EEZ waters in the Western 
Pacific Region are low-use MPAs:
    (i) All waters between the shoreline and the 50-fm (91.5-m) curve 
around Johnston Atoll, Palmyra Atoll, and Wake Island. as depicted on 
National Ocean Survey Chart Numbers 83637, 83157 and 81664.
    (ii) [Reserved]

    8. A new subpart J is added to read as follows:

Subpart J--Western Pacific Coral Reef Ecosystem Fisheries

Sec.
660.601 Relation to other laws
660.602 Permits and fees.
660.603 Prohibitions.
660.604 Notifications.
660.605 Allowable gear and gear restrictions.
660.606 Gear identification.
660.607 Framework for regulatory adjustments.
660.608 Regulatory Area.
660.609 Annual reports.

Subpart J--Western Pacific Coral Reef Ecosystem Fisheries

Sec.  660.601  Relation to other laws.

    To ensure consistency between management regimes of different 
Federal agencies with shared management responsibilities of fishery 
resources within the Coral reef ecosystem management area, fishing 
authorized under this subpart will not be allowed within the boundary 
of a national wildlife refuge regardless of whether that refuge was 
established by action of the President or the Secretary of Commerce.

Sec.  660.602  Permits and fees.

    (a) Applicability. Unless otherwise specified in this subpart, 
Sec.  660.13 applies to coral reef ecosystem permits.
    (1) Special Permit. Any person of the United States fishing for, 
taking or retaining coral reef ecosystem MUS must have a special permit 
if they, or a vessel which they operate, is used to fish for any:
    (i) Coral reef ecosystem MUS in low-use MPAs as defined in Sec.  
660.18;
    (ii) Potentially harvested coral reef ecosystem MUS in the 
regulatory area; or
    (iii) Coral reef ecosystem MUS in the regulatory area with any gear 
not specifically allowed in this subpart.
    (2) Transshipment permit. A receiving vessel must be registered for 
use with a transshipment permit if that vessel is used in the 
regulatory area to land or tranship potentially harvested coral reef 
ecosystem MUS species, or any coral reef ecosystem MUS harvested within 
low-use MPAs.
    (3) Exceptions. The following persons are not required to have a 
permit under this section:
    (i) Any person incidentally harvesting coral reef ecosystem MUS 
while targeting MUS listed under a separate FMP. It will be considered 
a rebuttable presumption that such a person is targeting coral reef 
ecosystem MUS if the total weight or number of pieces of landed coral 
reef ecosystem MUS comprise more than 20 percent of the total landed 
weight or number of pieces respectively, on any one trip;
    (ii) Any person targeting currently harvested coral reef ecosystem 
species outside of an MPA, who does not retain any incidentally caught 
potentially harvested coral reef ecosystem MUS; and
    (iii) Any person collecting marine organisms for scientific 
research as described in Sec.  600. 745 of this chapter.
    (b) Validity. Each permit will be valid for fishing only in the 
fishery management subarea specified on the permit.
    (c) General requirements. General requirements governing 
application information, issuance, fees, expiration, replacement, 
transfer, alteration, display, sanctions, and appeals for permits are 
contained in Sec.  660.13.
    (d) Low use MPAs special permit. No direct harvest of coral reef 
ecosystem MUS species may be conducted in low use MPAs unless 
authorized by a special permit issued by the PIAO Administrator in 
accordance with the criteria and procedures specified in this section.
    (1) Application. An applicant for a special or transshipment permit 
issued under this section must complete and submit to the PIAO 
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).
    (2) Incomplete applications. The PIAO 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 in writing.
    (3) Issuance. (i) If an application contains all of the required 
information, the PIAO Administrator will forward copies of the 
application within 30 days to the Council, the U.S. Coast Guard, the 
fishery management agency of the affected state, and other interested 
parties who have identified themselves to the Council, and the USFWS.
    (ii) Within 60 days following receipt of a complete application, 
the PIAO Administrator will consult with the Council through the 
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:
    (A) Information provided by the applicant,
    (B) The current domestic annual harvesting and processing capacity 
of the directed and incidental species for which a special permit is 
being requested,
    (C) The current status of resources to be harvested in relation to 
the overfishing definition in the FMP,
    (D) Estimated ecosystem, habitat, and protected species impacts of 
the proposed activity, and

[[Page 59820]]

    (E) Other biological and ecological information relevant to the 
proposal. The applicant will be provided with an opportunity to appear 
in support of the application.
    (iii) Following a review of the Council's recommendation and 
supporting rationale, the PIAO Administrator may:
    (A) Concur with the Council's recommendation and, after finding 
that it is consistent with the goals and objectives of the FMP, the 
national standards, the Endangered Species Act, and other applicable 
laws, approve or deny a special permit; or
    (B) Reject the Council's recommendation, in which case, written 
reasons will be provided by the PIAO Administrator to the Council for 
the rejection.
    (iv) If the PIAO Administrator does not receive a recommendation 
from the Council within 60 days of Council receipt of the permit 
application, the PIAO Administrator can make a determination of 
approval or denial independently.
    (v) Within 30 working days after the consultation in paragraph 
(a)(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:
    (A) 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.
    (B) 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).
    (C) Issuance of the special permit would inequitably allocate 
fishing privileges among domestic fishermen or would have economic 
allocation as its sole purpose.
    (D) 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.
    (E) 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.
    (F) The activity proposed under the special permit would create a 
significant enforcement problem.
    (vi) The PIAO Administrator may attach conditions to the special 
permit, if it is granted, consistent with the management objectives of 
the FMP, 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.
    (B) The times and places where fishing may be conducted.
    (C) The type, size, and amount of gear which may be used by each 
vessel operated under the special permit.
    (D) Data reporting requirements.
    (E) Such other conditions as may be necessary to ensure compliance 
with the purposes of the special permit consistent with the objectives 
of the FMP.
    (4) Appeals of permit actions. (i) 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.
    (ii) 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 FMP, 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 
therefor, in writing, normally within 30 days of the receipt of 
sufficient information, unless additional time is needed for a hearing.
    (iii) 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 or be represented by counsel 
at the hearing and 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.
    (iv) 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.
    (5) Any time limit prescribed in this section may be extended for 
good cause, for a period not to exceed 30 days by the Regional 
Administrator, either upon his or her own motion or upon written 
request from the Council, appellant or applicant stating the reason(s) 
therefore.

Sec.  660.603  Prohibitions.

    In addition to the general prohibitions specified in Sec.  600. 725 
of this chapter and Sec.  660.15 of this part, it is unlawful for any 
person to do any of the following:
    (a) Fish for, take, retain, possess or land any coral reef 
ecosystem MUS in any low-use MPA as defined in Sec.  660.18(c)(1) and 
(c)(2) unless:
    (1) A valid permit has been issued for the hand harvester or the 
fishing vessel operator that specifies the applicable area of harvest;
    (2) A permit is not required, as outlined in the permit section of 
these regulations;
    (3) The coral reef ecosystem MUS possessed on board the vessel 
originated outside the regulatory area and this can be demonstrated 
through receipts of purchase, invoices, fishing logbooks or other 
documentation.
    (b) Fish for, take, or retain any coral reef ecosystem MUS species:

[[Page 59821]]

    (1) That is determined overfished with subsequent rulemaking by the 
PIAO Administrator.
    (2) By means of gear or methods prohibited under Sec.  660.604.
    (3) In a low-use MPA without a valid special permit.
    (4) In violation of any permit issued under Sec.  660.13 or Sec.  
660.601.
    (c) 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.

Sec.  660.604  Notifications.

    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 coral reef 
ecosystem MUS unit species harvested under a special permit, and report 
the port and the approximate date and time at which the catch will be 
landed.

Sec.  660.605  Allowable gear and gear restrictions.

    (a) Coral reef ecosystem MUS may be taken only with the following 
allowable gear and methods:
    (1) Hand harvest;
    (2) Spear;
    (3) Slurp gun;
    (4) Hand net/dip net;
    (5) Hoop net for Kona crab;
    (6) Throw net;
    (7) Barrier net;
    (8) Surround/purse net that is attended at all times;
    (9) Hook-and-line (includes handline (powered or not)), rod-and-
reel, and trolling);
    (10) Crab and fish traps with vessel ID number affixed; and
    (11) Remote-operating vehicles/submersibles.
    (b) Coral reef ecosystem MUS may not be taken by means of poisons, 
explosives, or intoxicating substances. Possession or use of these 
materials by any permit holder under this subpartwho is established to 
be fishing for coral reef ecosystem MUS in the regulatory area is 
prohibited.
    (c) Coral reef ecosystem MUS may not be taken by means of 
spearfishing with scuba at night (from 6 p. m. to 6 a. m.) in the U.S. 
EEZ waters around Howland Island, Baker Island, Jarvis Island, Wake 
Island, Kingman Reef, Johnston Atoll and Palmyra Atoll.
    (d) Existing FMP fisheries shall follow the allowable gear and 
methods outlined in their respective plans.
    (e) Any person who intends to fish with new gear not included in 
Sec.  660.604 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 PIAO Administrator after 
consultation with the Council and the director of the affected state 
fishery management agency.

Sec.  660.606  Gear identification.

    (a) 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 Sec.  660.13 or Sec.  660.601 or that is 
otherwise established to be fishing for coral reef ecosystem MUS in the 
regulatory area.
    (b) Enforcement action. (1) Traps not marked in compliance with 
paragraph (a) of this section and found deployed in the regulatory area 
will be considered unclaimed or abandoned property, and may be disposed 
of in any manner considered appropriate by NMFS or an authorized 
officer;
    (2) Unattended surround nets or bait seine nets found deployed in 
the regulatory area will be considered unclaimed or abandoned property, 
and may be disposed of in any manner considered appropriate by NMFS or 
an authorized officer.

Sec.  660.607  Framework for regulatory adjustments.

    (a) Procedure for established measures. (1) Established measures 
are management measures that, at some time, have been included in 
regulations implementing the FMP, or for which the impacts have been 
evaluated in Council/NMFS documents in the context of current 
conditions;
    (2) Following framework procedures of the CREFMP, the Council may 
recommend to the Regional Administrator that established measures be 
modified, removed, or re-instituted. Such recommendation shall include 
supporting rationale and analysis, and shall be made after advance 
public notice, public discussion and consideration of public comment. 
NMFS may implement the Council's recommendation by rulemaking if 
approved by the Regional Administrator.
    (b) Procedure for new measures. (1) New measures are management 
measures that have not been included in regulations implementing the 
FMP, or for which the impacts have not been evaluated in Council/NMFS 
documents in the context of current conditions. New measures include 
but are not limited to catch limits, resource size limits, closures, 
effort limitations, reporting and recordkeeping requirements;
    (2) Following the framework procedures of the FMP, the Regional 
Administrator will publicize, including by Federal Register document, 
and solicit public comment on, any proposed new management measure. 
After a Council meeting at which the measure is discussed, the Council 
will consider recommendations and prepare a document summarizing the 
Council's deliberations, rationale, and analysis for the preferred 
action, and the time and place for any subsequent Council meeting(s) to 
consider the new measure. At subsequent public meeting(s), the Council 
will consider public comments and other information received to make a 
recommendation to the Regional Administrator about any new measure. 
NMFS may implement the Council's recommendation by rule making if 
approved by the Regional Administrator.
    (i) The Regional Administrator will consider the Council's 
recommendation and supporting rationale and analysis, and, if the 
Regional Administrator concurs with the Council's recommendation, will 
propose regulations to carry out the action. If the Regional 
Administrator rejects the Council's proposed action, the Regional 
Administrator will provide a written explanation for the denial within 
2 weeks of the decision.
    (ii) The Council may appeal denial by writing to the Assistant 
Administrator, who must respond in writing within 30 days.
    (iii) The Regional Administrator and the Assistant Administrator 
will make their decisions in accordance with the Magnuson-Stevens Act, 
other applicable laws, and the CREFMP.
    (iv) To minimize conflicts between the Federal and state/
territorial/commonwealth management systems, the Council will use the 
procedures in paragraph (a)(2) in this section to respond to state/
territorial/commonwealth management actions. Council consideration of 
action would normally begin with a representative of the state, 
territorial or commonwealth government bringing a potential or actual 
management conflict or need to the Council's attention.

Sec.  660.608  Regulatory area.

    (a) The regulations in this subpart govern fishing for coral reef 
ecosystem management unit species by vessels of the United States or 
persons who operate or are based inside the outer boundary of the U.S. 
EEZ off:
    (1) The Hawaiian Islands Archipelago lying to the east of 
160[deg]50' W. long.

[[Page 59822]]

    (2) Guam.
    (3) American Samoa.
    (4) Offshore area of the CNMI or that portion of the U.S. EEZ 
around the CNMI between three nautical miles offshore and the outer 
boundary of the U.S. EEZ.
    (5) Baker Island, Howland Island, Jarvis Island, Wake Island, 
Johnston Atoll, Palmyra Atoll and Kingman Reef.
    (b) The inner boundary of the regulatory area is as follows:
    (1) The shoreline of Baker Island, Howland Island, Jarvis Island, 
Wake Island, Johnston Atoll, Palmyra Atoll and Kingman Reef.
    (2) The seaward boundaries of the State of Hawaii, the Territory of 
Guam, the Territory of American Samoa; and
    (3) A line three nautical miles seaward from the shoreline of the 
CNMI.
    (c) The outer boundary of the regulatory area is the outer boundary 
of the U.S. EEZ or adjacent international maritime boundaries. The CNMI 
and Guam regulatory area is divided by a line intersecting these two 
points: 148[deg]
E. long., 12[deg]
N. lat., and 142[deg] E.

Sec.  660.609  Annual reports.

    (a) Annual reports. By July 31 of each year, a Council-appointed 
coral reef ecosystem plan team will prepare an annual report on the 
fisheries in the management area. The report will contain, among other 
things, fishery performance data, summaries of new information and 
assessments of need for Council action.
    (b) Recommendation for Council action.
    (1) The Council will evaluate the annual report and advisory body 
recommendations and may recommend management action by either the 
state/territorial/commonwealth governments or by Federal regulation;
    (2) If the Council believes that management action should be 
considered, it will make specific recommendations to the PIAO 
Administrator after considering the views of its advisory bodies.

[FR Doc. 02-24013 Filed 9-23-02; 8:45 am]
BILLING CODE 3510-22-S
Notices For
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Fisheries of West Coast States and in the Western Pacific; Coral Reef Ecosystems Fishery Management Plan for the Western Pacific

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