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Small Entity Compliance Guide(1) NEW REGULATIONS FOR PRECIOUS CORAL FISHERIES IN THE WESTERN PACIFIC REGION March 18, 2002 This guide provides a summary for fishermen on how to comply with new regulations governing the harvest of precious coral resources managed under the Fishery Management Plan for Precious Coral Fisheries of the Western Pacific Region. For the complete set of official regulations please refer to Title 50 of the Code of Federal Regulations (Part 660) and the Federal Register notice containing the final regulations published on March 18, 2002(2). Q1: What are the new precious coral regulations, including definitions? A1: They are:
Q2: Where do the new regulations apply? A2: The regulations cover all the precious coral permit areas located in Federal waters (200 nm U.S. exclusive economic zone) around Hawaii, American Samoa, Guam, and U.S. Pacific island possessions (Wake Island, Johnston Atoll, Howland and Baker Island, Palmyra Island, Kingman Reef, Jarvis Island, Midway Atoll) Q3: Since harvesting gold coral is prohibited at Makapu'u coral bed, is it possible to harvest gold coral from the Kaena Point bed, off Oahu? Brooks Bank Bed or 180 Fathom Bank in the Northwestern Hawaiian Islands? A3: Gold coral may be harvested at Kaena Pt. Bed, with a Federal precious coral permit, providing the annual harvest quota of 44 lb (20 kg) assigned to that bed has not been exceeded. Although the regulations state that there is an annual gold coral quota assigned to Brooks Bank and 180 Fathom Bank, coral harvests are not allowed within 50 nm of the Northwestern Hawaiian Islands (NWHI). (See, Executive Orders 13178 and 13196, which established the NWHI Coral Reef Ecosystem Reserve.) In general the harvest of living and non-living resources within the Reserve (extending seaward from approximately 3 nm to 50 nm) is prohibited. There is no exception for commercial harvest of precious corals in the Reserve, which encompasses virtually all of the known NWHI precious coral beds . Q4: Where are the Federal precious coral permit areas located in the Pacific? A4: Makapu'u (Oahu); Kaena Point (Oahu); Keahole Point (Hawaii); Brooks Bank (Northwestern Hawaiian Islands); 180 Fathom Bank (Northwestern Hawaiian Islands). Also, all Federal waters around Hawaii that are currently not a designated permit area (Makapu'u, Keahole, Kaena, Brooks Bank, or 180 Fathom Bank) and all Federal waters around American Samoa, Guam, and the U.S. Pacific island possessions are Exploratory permit areas.(3) Q5: Who must follow the regulations? A5: Any person (including a corporation)who intends to harvest precious corals from Federal waters in the western Pacific region. [Note: a permit issued by the National Marine Fisheries Service (NMFS), Pacific Islands Area Office, Honolulu (808-973-2937), is required for harvesting precious corals] Q6 When did these regulations take effect and for how long are they effective? A6 The regulations take effect on April 17, 2002, and will remain effective until they are revised or removed by NMFS. Q7: Since it's illegal to use non-selective gear for harvesting precious corals, what type of gear can be used? A7: You may use gear that can select and harvest coral according to species, size, and condition (dead or living), such as with a manned submersible or remote operating vehicle capable of targeting specific coral species, size, and condition. Hand harvesting is considered to be selective gear. Examples of non-selective harvest gear are dredges or tangle nets, both of which are strictly prohibited. Q8: If a piece of pink coral observed lying on the ocean floor is mostly encrusted and bleached white, but also appears to have tiny amounts of coral polyp or living tissue, is it dead or alive? A8: Under the new regulation, this piece of coral is still alive. Harvest of live coral must meet the minimum size requirement. Q9: The regulations allow for an exception to the minimum size harvest requirement (1 inch stem diameter) for black corals. What is the exception? A9: Any person who reported a landing of black coral to the State of Hawaii between March 18, 1997 and March 18, 2002, will be issued an exemption by NMFS allowing that person to harvest live black coral at a minimum size of 3/4 inch (base diameter), provided the coral is harvested by hand. Q10: Why is there an exemption to the black coral minimum size requirement? A10: The exemption is for a small group of divers (~ 5 -7) who hand-harvest black coral in Hawaii using conventional SCUBA gear with compressed air. Their maximum depth of harvest is around 75 m. The Western Pacific Fishery Management Council determined that this group should be allowed to continue to harvest black coral at a smaller minimum size (3/4 inch) because they have historically harvested at this size on a voluntary basis and, since 1999, have followed Hawaii's minimum size harvest requirement of 3/4 inch for black corals harvested in State waters. Any person who does not have an exemption issued by NMFS, must meet the new minimum size requirement of 1 inch stem diameter or 48 inches tree height to harvest live black coral. 1. This compliance guide is issued in accordance with Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. 2. Because fishery regulations are subject to change, any discrepancy between this summary (guide) and final regulations will be resolved in favor of the regulations published in the Federal Register ( 67 FR 11941, March 18, 2002). 3. Note that no precious coral harvests are allowed within the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve. |