50 C.F.R. Subpart G—Western Pacific Coral Reef Ecosystem Fisheries

Title 50 - Wildlife and Fisheries

Title 50: Wildlife and Fisheries

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Subpart G—Western Pacific Coral Reef Ecosystem Fisheries

Source:  69 FR 8343, Feb. 24, 2004, unless otherwise noted. Redesignated at 71 FR 17989, Apr. 10, 2006.

§ 665.601   Relation to other laws.

To ensure consistency between the management regimes of different Federal agencies with shared management responsibilities of fishery resources within the Coral reef ecosystem regulatory area, fishing authorized under this subpart is not allowed within the boundary of a National Wildlife Refuge unless specifically authorized by the USFWS, regardless of whether that refuge was established by action of the President or the Secretary of the Interior.

§ 665.602   Permits and fees.

(a) Applicability. Unless otherwise specified in this subpart, §665.13 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 §665.18;

(ii) Potentially Harvested Coral Reef Taxa in the coral reef ecosystem regulatory area; or

(iii) Coral reef ecosystem MUS in the coral reef ecosystem 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 coral reef ecosystem regulatory area to land or tranship PHCRT, 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 issued a permit to fish under the Bottomfish and Seamount Groundfish FMP, Pelagics FMP, Crustaceans FMP or Precious Corals FMP who incidentally catches coral reef ecosystem MUS while fishing for bottomfish management unit species, crustaceans management unit species, Pacific pelagic management unit species, precious coral, or seamount groundfish.

(ii) Any person fishing for CHCRT outside of an MPA, who does not retain any incidentally caught PHCRT; and

(iii) Any person collecting marine organisms for scientific research as described in §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 §665.13.

(d) Special permit. The Regional Administrator shall issue a special permit 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 Regional 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 Regional 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 Regional 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 Regional Administrator will consult with the Council through its 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

(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 Regional 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 Regional Administrator to the Council for the rejection.

(iv) If the Regional Administrator does not receive a recommendation from the Council within 60 days of Council receipt of the permit application, the Regional Administrator can make a determination of approval or denial independently.

(v) Within 30 working days after the consultation in paragraph (d)(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 Regional 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.

§ 665.603   Prohibitions.

In addition to the general prohibitions specified in §600.725 of this chapter and §665.15 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 §665.18(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 §600.602 of this chapter;

(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:

(1) That is determined overfished with subsequent rulemaking by the Regional Administrator.

(2) By means of gear or methods prohibited under §665.604.

(3) In a low-use MPA without a valid special permit.

(4) In violation of any permit issued under §665.13 or §665.601.

(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.

§ 665.604   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.

§ 665.605   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 subpart who 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 §665.604 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 Regional Administrator after consultation with the Council and the director of the affected state fishery management agency.

§ 665.606   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 §665.13 or §665.601 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 coral reef ecosystem 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 coral reef ecosystem 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.

§ 665.607   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 notice, 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. The Council's 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.

§ 665.608   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°50' W. long.

(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° E. long., 12° N. lat., and 142° E. long., 16° N. lat.

§ 665.609   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 coral reef fisheries of the western Pacific region. 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 Regional Administrator after considering the views of its advisory bodies.

Table 1 to Part 665—Quotas for Precious Corals Permit Areas
 ------------------------------------------------------------------------                                                                  Number       Name of coral bed         Type of bed    Harvest quota       of                                                                  years------------------------------------------------------------------------Makapu'u                        Established          P_2,000 kg        2                                ............      G_Zero (0 kg)      n/a                                ............           B_500 kg        2Ke-ahole Point                  Conditional             P_67 kg        1                                ............            G_20 kg        1                                ............            B_17 kg        1Kaena Point                     Conditional             P_67 kg        1                                ............            G_20 kg        1                                ............            B_17 kg        1Brooks Bank                     Conditional             P_17 kg        1                                ............           G_133 kg        1                                ............           B_111 kg        1180 Fathom Bank                 Conditional            P_222 kg        1                                 ............            G_67 kg        1                                ............            B_56 kg        1Westpac Bed                     Refugium            Zero (0 kg)      n/aHawaii, American, Samoa, Guam,  Exploratory     X_1,000 kg (all        1 U.S. Pacific Island                           species combined possessions.                                      except black                                               corals) per area------------------------------------------------------------------------Notes:1. Types of corals: P = Pink G = Gold B = Bamboo2. No authorized fishing for coral in refugia

[67 FR 11945, Mar. 18, 2002]

Table 2 to Part 665—Currently Harvested Coral Reef Taxa
 ------------------------------------------------------------------------              Family name                 Common name (scientific name)------------------------------------------------------------------------Acanthuridae (Surgeonfishes)...........  Orange-spot surgeonfish                                          (Acanthurus olivaceus)                                         Yellowfin surgeonfish                                          (Acanthurus xanthopterus)                                         Convict tang (Acanthurus                                          triostegus)                                         Eye-striped surgeonfish                                          (Acanthurus dussumieri)                                         Blue-lined surgeon (Acanthurus                                          nigroris)                                         Whitebar surgeonfish                                          (Acanthurus leucopareius)                                         Blue-banded surgeonfish                                          (Acanthurus lineatus)                                         Blackstreak surgeonfish                                          (Acanthurus nigricauda)                                         Whitecheek surgeonfish                                          (Acanthurus nigricans)                                         White-spotted surgeonfish                                          (Acanthurus guttatus)                                         Ringtail surgeonfish                                          (Acanthurus blochii)                                         Brown surgeonfish (Acanthurus                                          nigrofuscus)                                         Elongate surgeonfish                                          (Acanthurus mata)                                         Mimic surgeonfish (Acanthurus                                          pyroferus)                                         Yellow-eyed surgeonfish                                          (Ctenochaetus strigousus)                                         Striped bristletooth                                          (Ctenochaetus striatus)                                         Twospot bristletooth                                          (Ctenochaetus binotatus                                         Bluespine unicornfish (Naso                                          unicornus)                                         Orangespine unicornfish (Naso                                          lituratus)                                         Humpnose unicornfish (Naso                                          tuberosus)                                         Black tongue unicornfish (Naso                                          hexacanthus)                                         Bignose unicornfish (Naso                                          vlamingii)                                         Whitemargin unicornfish (Naso                                          annulatus)                                         Spotted unicornfish (Naso                                          brevirostris)                                         Humpback unicornfish (Naso                                          brachycentron)                                         Barred unicornfish (Naso                                          thynnoides)                                         Gray unicornfish (Naso caesius)Balistidae (Triggerfishes).............  Titan triggerfish (Balistoides                                          viridescens)                                         Clown triggerfish (Balistoides                                          conspicillum)                                         Orangstriped triggerfish                                          (Balistapus undulatus)                                         Pinktail triggerfish                                          (Melichthys vidua)                                         Black triggerfish (Melichtys                                          niger)                                         Blue Triggerfish                                          (Pseudobalistesfucus fucus)                                         Picassofish (Rhinecanthus                                          aculeatus)                                         Wedged Picassofish (Balistoides                                          rectangulus)                                         Bridled triggerfish (Sufflamen                                          fraenatus)Carangidae (Jacks).....................  Bigeye scad (Selar                                          crumenophthalmus)                                         Mackerel scad (Decapterus                                          macarellus)Carcharhinidae (Sharks)................  Grey reef shark (Carcharhinus                                          amblyrhynchos)                                         Silvertip shark (Carcharhinus                                          albimarginatus)                                         Galapagos shark (Carcharhinus                                          galapagenis)                                         Blacktip reef shark                                          (Carcharhinus melanopterus)                                         Whitetip reef shark (Triaenodon                                          obesus)Holocentridae (Soldierfish/              Bigscale soldierfish Squirrelfish).                           (Myripristis berndti)                                         Bronze soldierfish (Myripristis                                          adusta)                                         Blotcheye soldierfish                                          (Myripristis murdjan)                                         Brick soldierfish (Myripristis                                          amaena)                                         Scarlet soldierfish                                          (Myripristis pralinia)                                         Violet soldierfish (Myripristis                                          violacea)                                         Whitetip soldierfish                                          (Myripristis vittata)                                         Yellowfin soldierfish                                          (Myripristis chryseres)                                         Pearly soldierfish (Myripristis                                          kuntee)                                         Double tooth squirrel fish                                          (Myripristis hexagona)                                         Tailspot squirrelfish                                          (Sargocentron caudimaculatum)                                         Blackspot squirrelfish                                          (Sargocentron melanospilos)                                         File-lined squirrelfish                                          (Sargocentron microstoma)                                         Pink squirrelfish (Sargocentron                                          tieroides)                                         Crown squirrelfish                                          (Sargocentron diadema)                                         Peppered squirrelfish                                          (Sargocentron punctatissimum)                                         Blue-lined squirrelfish                                          (Sargocentron tiere)                                         Hawaiian squirrelfish                                          (Sargocentron xantherythrum)                                         Squirrelfish (Sargocentron                                          furcatum)                                         Saber or Long jaw squirrelfish                                          (Sargocentron spiniferum)                                         Spotfin squirrelfish (Neoniphon                                          spp.)Kuhliidae (Flag-tails).................  Hawaiian flag-tail (Kuhlia                                          sandvicensis)                                         Barred flag-tail (Kuhlia mugil)Kyphosidae Rudderfish..................  Rudderfish (Kyphosus biggibus)                                         Rudderfish (Kyphosus                                          cinerascens)                                         Rudderfish (Kyphosus                                          vaigienses)Labridae (Wrasses).....................  Saddleback hogfish (Bodianus                                          bilunulatus)                                         Napoleon wrasse (Cheilinus                                          undulatus)                                         Triple-tail wrasse (Cheilinus                                          trilobatus)                                         Floral wrasse (Cheilinus                                          chlorourus)                                         Harlequin tuskfish (Cheilinus                                          fasciatus)                                         Ring-tailed wrasse                                          (Oxycheilinus unifasciatus)                                         Bandcheek wrasse (Oxycheilinus                                          diagrammus)                                         Arenatus wrasse (Oxycheilinus                                          arenatus)                                         Razor wrasse (Xyricthys pavo)                                         Whitepatch wrasse (Xyrichtes                                          aneitensis)                                         Cigar wrasse (Cheilio inermis)                                         Blackeye thicklip (Hemigymnus                                          melapterus)                                         Barred thicklip (Hemigymnus                                          fasciatus)                                         Three-spot wrasse (Halichoeres                                          trimaculatus)                                         Checkerboard wrasse                                          (Halichoeres hortulanus)                                         Weedy surge wrasse (Halichoeres                                          margaritacous)                                         Goldstripe wrasse(Halichoeres                                          zeylonicus)                                         Surge wrasse (Thalassoma                                          purpureum)                                         Red ribbon wrasse (Thalassoma                                          quinquevittatum)                                         Sunset wrasse (Thalassoma                                          lutescens)                                         Longface wrasse (Hologynmosus                                          doliatus)                                         Rockmover wrasse                                          (Novaculichthys taeniourus)Mullidae (Goatfishes)..................  Yellow goatfish (Mulloidichthys                                          spp.)                                         Orange goatfish (Mulloidichthys                                          pfleugeri)                                         Yellowfin goatfish                                          (Mulloidichthys vanicolensis)                                         Yellowstripe goatfish                                          (Mulloidichthys                                          flaviolineatus)                                         Banded goatfish (Parupeneus                                          spp.)                                         Dash-dot goatfish (Parupeneus                                          barberinus)                                         Doublebar goatfish (Parupeneus                                          bifasciatus)                                         Redspot goatfish (Parupeneus                                          heptacanthus)                                         White-lined goatfish                                          (Parupeneus ciliatus)                                         Yellowsaddle goatfish                                          (Parupeneus cyclostomas)                                         Side-spot goatfish (Parupeneus                                          pleurostigma)                                         Indian goatfish (Parupeneus                                          indicus)                                         Multi-barred goatfish                                          (Parupeneus multifaciatus)                                         Bantail goatfish (Upeneus arge)Mugilidae (Mullets)....................  Stripped mullet (Mugil                                          cephalus)                                         Engel's mullet (Moolgarda                                          engeli)                                         False mullet (Neomyxus                                          leuciscus)                                         Fringelip mullet (Crenimugil                                          crenilabis)Muraenidae (Moray ells)................  Yellowmargin moray eel                                          (Gymnothorax flavimarginatus)                                         Giant moray eel (Gymnothorax                                          javanicus)                                         Undulated moray eel                                          (Gymnothorax undulatus)Octopodidae............................  Octopus (Octopus cyanea;                                          Octopus ornatus)Polynemidae............................  Threadfin (Polydactylus                                          sexfilis)Pricanthidae (Bigeye)..................  Glasseye (Heteropriacanthus                                          cruentatus)                                         Bigeye (Priacanthus hamrur)Scaridae (Parrotfishes)................  Humphead parrotfish                                          (Bulbometapon muracatum)                                         Parrotfish (Scarus spp.)                                         Pacific longnose parrotfish                                          (Hipposcarus longiceps)                                         Stareye parrotfish (Catolomus                                          carolinus)Scombridae.............................  Dogtooth tuna (Gymnosarda                                          unicolor)Siganidae (Rabbitfish).................  Forktail rabbitfish (Siganus                                          aregentus)                                         Golden rabbitfish (Siganus                                          guttatus)                                         Gold-spot rabbitfish (Siganus                                          punctatissimus)                                         Randall's rabbitfish (Siganus                                          randalli)                                         Scribbled rabbitfish (Siganus                                          spinus)                                         Vermiculate rabbitfish (Siganus                                          vermiculatus)Sphyraenidae (Barracuda)...............  Heller's barracuda (Sphyraena                                          helleri)                                         Great Barracuda (Sphyraena                                          barracuda)Turbinidae (turban shells/green snails)  Green snails (Turbo spp.)Aquarium Taxa/Species..................  Acanthuridae                                           Yellow tang (Zebrasoma                                            flavescens)                                           Yellow-eyed surgeon fish                                            (Ctenochaetus strigosus)                                         Achilles tang (Acanthurus                                          achilles)                                         Muraenidae                                           Dragon eel (Enchelycore                                            pardalis)                                         Zanclidae                                           Morrish idol (Zanclus                                            cornutus)                                         Pomacanthidae                                           Angelfish (Centropyge                                            shepardi, Centropyge                                            flavissimus)                                         Cirrhitidae                                           Flame hawkfish (Neocirrhitus                                            armatus)                                         Chaetodontidae                                           Butterflyfish (Chaetodon                                            auriga, Chaetodon lunula,                                            Chaetodon melannotus,                                            Chaetodon ephippium)                                         Pomacentridae                                           Damselfish (Chromis viridis,                                            Dascyllus aruanus, Dascyllus                                            trimaculatus)                                         Sabellidae                                           Featherduster worm------------------------------------------------------------------------

[69 FR 8346, Feb. 24, 2004]

Table 3 to Part 665—Potentially Harvested Coral Reef Taxa
        Table 4 to Part 665_Potentially Harvested Coral Reef Taxa------------------------------------------------------------------------ ------------------------------------------------------------------------Labridae spp. (wrasses) (Those species   Ephippidae (batfish) not listed in Table 3).Carcharhinidae spp. Sphyrnidae spp.      Monodactylidae (monos) (Those species not listed in Table 3).Dasyatididae, Myliobatidae, Mobulidae    Haemulidae (sweetlips) (rays).Serranidae spp. (groupers) (Those        Echineididae (remoras) species not listed in Table 3 or are not bottomfish management unit species).Carangidae (jacks/trevallies) (Those     Malacanthidae (tilefish) species not listed in Table 3 or are not bottomfish management unit species).                                         Acanthoclinidae (spiny                                          basslets)Holocentridae spp. (soldierfish/         Pseudochromidae (dottybacks) squirrelfish) (Those species not listed in Table 3).Mullidae spp. (goatfish) (Those species  Plesiopidae (prettyfins) not listed in Table 3).Acanthuridae spp. (surgeonfish/          Tetrarogidae (waspfish) unicornfish) (Those species not listed in Table 3).Lethrinidae spp. (emperor fish) (Those   Caracanthidae (coral crouchers) species not listed in Table 3 or are not bottomfish management unit species).Chlopsidae, Congridae, Moringuidae,      Grammistidae (soapfish) Ophichthidae (eels) Muraenidae (morays eels) (Those species not listed in Table 3).Apogonidae (cardinalfish)..............  Aulostomus chinensis                                          (trumpetfish)Zanclidae spp. (moorish idols) (Those    Fistularia commersoni species not listed in Table 3).          (coronetfish)Chaetodontidae spp. (butterflyfish)      Anomalopidae (flashlightfish) (Those species not listed in Table 3).Pomacanthidae spp. (angelfish) (Those    Clupeidae (herrings) species not listed in Table 3).Pomacentridae spp. (damselfish) (Those   Engraulidae (anchovies) species not listed in Table 3).Scorpaenidae (scorpionfish)............  Gobiidae (gobies)Blenniidae (blennies)..................  Lutjanidae (snappers) (Those                                          species that are not listed in                                          Table 3 or are not bottomfish                                          management unit species)Sphyraenidae spp. (barracudas) (Those    Ballistidae/Monocanthidae spp. species not listed in Table 3).          (Those species not listed in                                          Table 3)Pinguipedidae (sandperches)............  Siganidae spp. (rabbit fish)                                          (Those species not listed in                                          Table 3)Gymnosarda unicolor....................  Kyphosidae spp. (rudderfish)                                          (Those species not listed in                                          Table 3)Bothidae/Soleidae/Pleurnectidae          Caesionidae (fusiliers) (flounder/sole).Ostraciidae (trunkfish)................  Cirrhitidae (hawkfish) (Those                                          species not listed in Table 3Tetradontidae/Diodontidae (puffer/       Antennariidae (frogfishes) porcupinefish).                                         Syngnathidae (pipefishes/                                          seahorses)Stony corals...........................  Echinoderms (e.g., sea                                          cucumbers, sea urchins)Heliopora (blue corals)................  Mollusca (Those species not                                          listed in Table 3)Tubipora (organpipe corals)............  Sea Snails (gastropods) (Those                                          species not listed in Table 3)Azooxanthellates (ahermatypic corals)..  Trochus spp.Fungiidae (mushroom corals)............  Opistobranchs (sea slugs)Small and large polyp corals...........  Pinctada margaritifera (black                                          lipped pearl oyster)Millepora (firecorals).................  Tridacnidae (giant clams)Soft corals and Gorgonians.............  Other Bivalves (other clams)Actinaria (anemones)...................  CephalopodsZoanthinaria (soft zoanthid corals)....  Crustaceans (Lobsters, Shrimps/                                          mantis shrimps, true crabs and                                          hermit crabs (not listed as                                          crustacean management unit                                          species)Sponges (Porifera).....................  Stylasteridae (lace corals)Hydrozoans.............................  Solanderidae (hydroid corals)Bryozoans..............................  Annelids (segmented worms)                                          (Those species not listed in                                          Table 3)                                         Algae (seaweeds)Tunicates (sea squirts)................  Live rock------------------------------------------------------------------------All other coral reef ecosystem management unit species that are marine plants, invertebrates, and fishes that are not listed in Table 3 or are not bottomfish management unit species, crustacean management unit species, Pacific pelagic management unit species, precious coral or seamount groundfish.------------------------------------------------------------------------

[69 FR 8346, Feb. 24, 2004]

Figure 1 to Part 665—Carapace Length of Lobsters

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Figure 2 to Part 665—Length of Fishing Vessel

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[61 FR 34572, July 2, 1996, as amended at 67 FR 4371, Jan. 30, 2002]

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