[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR404.10]

[Page 845]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
CHAPTER IV--JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, 
 
PART 404_NORTHWESTERN HAWAIIAN ISLANDS MARINE NATIONAL MONUMENT--Table 
 
Sec. 404.10  Commercial fishing.

    (a) Lobster fishing. Any commercial lobster fishing permit is 
subject to a zero annual harvest limit condition.
    (b) Fishing and bottomfish and pelagic species. (1) Notwithstanding 
the prohibitions in Sec. 404.7(a) and (h), commercial fishing for 
bottomfish and associated pelagic species may continue within the 
Monument subject to paragraph (c) of this section, until June 15, 2011, 
provided that:
    (i) The fishing is conducted in accordance with a valid commercial 
bottomfish permit issued by NOAA; and
    (ii) Such permit was in effect on June 15, 2006, and is subsequently 
renewed pursuant to NOAA regulations at 50 CFR part 665, subpart E as 
necessary.
    (2) Total landings for each fishing year from fishing allowed under 
paragraph (b)(1) of this section may not exceed the following amounts:
    (i) 350,000 pounds for bottomfish species; and
    (ii) 180,000 pounds for pelagic species.
    (3) Commercial fishing for bottomfish and associated pelagic species 
is prohibited in the Monument after June 15, 2011.
    (c) General requirements. Any commercial fishing within the Monument 
shall be conducted in accordance with the following restrictions and 
conditions:
    (1) A valid permit or facsimile of a valid permit shall be on board 
the fishing vessel and available for inspection by an authorized 
officer;
    (2) No attempt is made to falsify or fail to make, keep, maintain, 
or submit any logbook or logbook form or other required record or 
report.
    (3) Only gear specifically authorized by the relevant permit issued 
under the Magnuson-Stevens Fishery Conservation and Management Act is 
allowed to be in the possession of a person conducting commercial 
fishing under this section;
    (4) Any person conducting commercial fishing notifies the 
Secretaries by telephone, facsimile, or electronic mail at least 72 
hours before entering the Monument and within 12 hours after leaving the 
Monument in accordance with Sec. 404.4(b) and (c);
    (5) All fishing vessels must carry an activated and functioning VMS 
unit on board at all times whenever the vessel is in the Monument;
    (6) All fishing vessels must carry an observer when requested to do 
so by the Secretaries;
    (7) The activity does not take place within any Ecological Reserve, 
any Special Preservation Area, or the Midway Atoll Special Management 
Area.

[[Page 846]]