50 C.F.R. § 665.800

Current through October 31, 2024
Section 665.800 - Definitions

As used in §§ 665.798 through 665.818 :

American Samoa longline limited access permit means the permit required by § 665.801 to use a vessel shoreward of the outer boundary of the EEZ around American Samoa to fish for western Pacific pelagic MUS using longline gear or to land or transship western Pacific pelagic MUS that were caught in the EEZ around American Samoa using longline gear.

American Samoa pelagics mailing list means the list maintained by PIRO of names and mailing addresses of parties interested in receiving notices of availability for American Samoa longline limited access permits.

Basket-style longline gear means a type of longline gear that is divided into units called "baskets" each consisting of a segment of main line to which 10 or more branch lines with hooks are spliced. The mainline and all branch lines are made of multiple braided strands of cotton, nylon, or other synthetic fibers impregnated with tar or other heavy coatings that cause the lines to sink rapidly in seawater.

Branch line (or dropper line) means a line with a hook that is attached to the mainline.

Deep-set or Deep-setting means the deployment of longline gear in a manner consistent with all the following criteria: All float lines are at least 20 meters in length; a minimum of 15 branch lines are attached between any two floats (except basket-style longline gear which may have as few as 10 branch lines between any two floats); no metal wire line within 1 meter of the hook; and no light sticks are used. As used in this definition, "float line" means a line used to suspend the main longline beneath a float, and "light stick" means any type of light emitting device, including any fluorescent "glow bead," chemical, or electrically-powered light that is affixed underwater to the longline gear.

Effective date means the date upon which the Regional Administrator provides written notice to the authorized official or designated representative of the U.S. participating territory that a specified fishing agreement meets the requirements of this section.

Fish dealer means any person who:

(1) Obtains, with the intention to resell, western Pacific pelagic MUS, or portions thereof, that were harvested or received by a vessel that holds a permit or is otherwise regulated under bottomfish fisheries in this subpart; or
(2) Provides recordkeeping, purchase, or sales assistance in obtaining or selling such MUS (such as the services provided by a wholesale auction facility).

Float line means a line attached to a mainline used to buoy, or suspend, the mainline in the water column.

Hawaii longline limited access permit means the permit required by § 665.801 to use a vessel to fish for western Pacific pelagic MUS with longline gear in the EEZ around Hawaii or to land or transship longline-caught western Pacific pelagic MUS shoreward of the outer boundary of the EEZ around Hawaii.

Longline fishing prohibited area means the portions of the EEZ in which longline fishing is prohibited as specified in § 665.806 .

Longline fishing vessel means a vessel that has longline gear on board the vessel.

Longline gear means a type of fishing gear consisting of a main line that exceeds 1 nm in length, is suspended horizontally in the water column either anchored, floating, or attached to a vessel, and from which branch or dropper lines with hooks are attached; except that, within the protected species zone as defined in § 665.806 , longline gear means a type of fishing gear consisting of a main line of any length that is suspended horizontally in the water column either anchored, floating, or attached to a vessel, and from which branch or dropper lines with hooks are attached.

Pelagic handline fishing means fishing for western Pacific pelagic MUS from a stationary or drifting vessel using hook and line gear other than longline gear.

Pelagic troll fishing (trolling) means fishing for western Pacific pelagic MUS from a moving vessel using hook and line gear.

PRIA pelagic troll and handline fishing permit means the permit required by § 665.801 to use a vessel shoreward of the outer boundary of the EEZ around the PRIA to fish for western Pacific pelagic MUS using pelagic handline or troll fishing methods.

Receiving vessel permit means a permit required by § 665.801(c) for a receiving vessel to transship or land western Pacific pelagic MUS taken by other vessels using longline gear.

Shallow-set or shallow-setting means the deployment of, or deploying, respectively, longline gear in a manner that does not meet the definition of deep-set or deep-setting as defined in this section.

Squid jig fishing means fishing for squid that are western Pacific pelagic MUS using a hook or hooks attached to a line that is raised and lowered in the water column by manual or mechanical means.

U.S. participating territory means a U.S. participating territory to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (including any annexes, amendments, or protocols that are in force, or have come into force, for the United States), and includes American Samoa, Guam, and the Northern Mariana Islands.

WCPFC means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, including its employees and contractors.

Western Pacific general longline permit means the permit authorized under § 665.801 to use a vessel shoreward of the outer boundary of the EEZ around Guam, CNMI, Johnston or Palmyra Atolls, Kingman Reef, or Wake, Jarvis, Baker or Howland Islands to fish for western Pacific pelagic MUS using longline gear or to land or to transship western Pacific pelagic MUS that were caught using longline gear.

Western Pacific pelagic management unit species means the following species:

English
common name
Scientific name
Tunas:
AlbacoreThunnus alalunga.
bigeye tunaThunnus obesus.
Pacific bluefin tunaThunnus orientalis
yellowfin tunaThunnus albacares.
skipjack tunaKatsuwonus pelamis.
KawakawaEuthynnus affinis.
other tuna relativesAuxis spp., Scomber spp., Allothunnus spp.
Billfishes:
Black marlinIstiompax indica
Striped marlinKajikia audax
Pacific blue marlinMakaira nigricans
shortbill spearfishTetrapturus angustirostris.
SwordfishXiphias gladius.
SailfishIstiophorus platypterus.
Sharks:
pelagic thresher sharkAlopias pelagicus.
bigeye thresher sharkAlopias superciliosus.
common thresher sharkAlopias vulpinus.
silky sharkCarcharhinus falciformis.
oceanic whitetip sharkCarcharhinus longimanus.
blue sharkPrionace glauca.
shortfin mako sharkIsurus oxyrinchus.
longfin mako sharkIsurus paucus.
salmon sharkLamna ditropis.
Other pelagic fishes:
mahimahi (dolphinfish)Coryphaena spp.
WahooAcanthocybium solandri.
MoonfishLampris spp.
OilfishGempylidae.
PomfretBramidae.
Squid:
diamondback squidThysanoteuthis rhombus.
neon flying squidOmmastrephes bartramii.
purpleback flying squidSthenoteuthis oualaniensis.

50 C.F.R. §665.800

75 FR 2205 , Jan. 14, 2010, as amended at 76 FR 52889 , Aug. 24, 2011; 77 FR 43722 , July 26, 2012; 79 FR 64111 , Oct. 28, 2014; 87 FR 25155 , Apr. 28, 2022
87 FR 25155 , 5/31/2022