[Code of Federal Regulations]
[Title 50, Volume 9]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR665.27]

[Page 241-242]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 665_FISHERIES IN THE WESTERN PACIFIC--Table of Contents
 
               Subpart C_Western Pacific Pelagic Fisheries
 
Sec.  665.27  Exemptions for longline fishing prohibited areas; 

procedures.

    (a) An exemption permitting a person to use longline gear to fish in 
a portion(s) of the Hawaii longline fishing prohibited area will be 
issued to a person who can document that he or she:
    (1) Currently owns a Hawaii longline limited access permit issued 
under this part and registered for use with his or her vessel.
    (2) Before 1970, was the owner or operator of a vessel when that 
vessel landed Pacific pelagic management unit species taken on longline 
gear in an area that is now within the Hawaii longline fishing 
prohibited area.
    (3) Was the owner or operator of a vessel that landed Pacific 
pelagic management unit species taken on longline gear in an area that 
is now within the Hawaii longline fishing prohibited area, in at least 5 
calendar years after 1969, which need not be consecutive.
    (4) In any one of the 5 calendar years, was the owner or operator of 
a vessel that harvested at least 80 percent of its

[[Page 242]]

total landings, by weight, of longline-caught Pacific pelagic management 
unit species in an area that is now in the Hawaii longline fishing 
prohibited area.
    (b) Each exemption shall specify the portion(s) of the Hawaii 
longline fishing prohibited area, bounded by longitudinal and 
latitudinal lines drawn to include each statistical area, as appearing 
on Hawaii State Commercial Fisheries Charts, in which the exemption 
holder made the harvest documented for the exemption application under 
paragraph (a)(4) of this section.
    (c) Each exemption is valid only within the portion(s) of the Hawaii 
longline fishing prohibited area specified on the exemption.
    (d) A person seeking an exemption under this section must submit an 
application and supporting documentation to the PIRO at least 15 days 
before the desired effective date of the exemption.
    (e) If the Regional Administrator determines that a gear conflict 
has occurred and is likely to occur again in the Hawaii longline fishing 
prohibited area between a vessel used by a person holding an exemption 
under this section and a non-longline vessel, the Regional Administrator 
may prohibit all longline fishing in the Hawaii longline fishing 
prohibited area around the island where the conflict occurred, or in 
portions thereof, upon notice to each holder of an exemption who would 
be affected by such a prohibition.
    (f) The Council will consider information provided by persons with 
Hawaii longline limited access permits issued under this part who 
believe they have experienced extreme financial hardship resulting from 
the Hawaii longline area closure, and will consider recommendations of 
the Pelagic Advisory Review Board to assess whether exemptions under 
this section should continue to be allowed, and, if appropriate, revise 
the qualifying criteria in paragraph (a) of this section to permit 
additional exemptions.
    (1) If additional exemptions are needed, the Council will advise the 
Regional Administrator in writing of its recommendation, including 
criteria by which financial hardships will be mitigated, while retaining 
the effectiveness of the longline fishing prohibited area.
    (2) Following a review of the Council's recommendation and 
supporting rationale, the Regional Administrator may:
    (i) Reject the Council's recommendation, in which case written 
reasons will be provided by the Regional Administrator to the Council 
for the rejection; or
    (ii) Concur with the Council's recommendation and, after finding 
that it is consistent with the goals and objectives of the Pelagics FMP, 
the national standards, and other applicable law, initiate rulemaking to 
implement the Council's recommendations.

[61 FR 34572, July 2, 1996, as amended at 70 FR 29657, May 24, 2005]