50 Cfr 665.20

50 CFR 665.20 (up to date as of 8/08/2024)
Western Pacific Community Development Program.

50 CFR 665.20 (Aug. 8, 2024)

This content is from the eCFR and is authoritative but unofficial.

Title 50 —Wildlife and Fisheries
Chapter VI —Fishery Conservation and Management, National Oceanic and Atmospheric
Administration, Department of Commerce
Part 665 —Fisheries in the Western Pacific
Subpart A —General
Authority: 16 U.S.C. 1801 et seq.
Source: 75 FR 2205, Jan. 14, 2010, unless otherwise noted.

§ 665.20 Western Pacific Community Development Program.
(a) General. In accordance with the criteria and procedures specified in this section, the Regional
Administrator may authorize the direct or incidental harvest of management unit species that would
otherwise be prohibited by this part.
(b) Eligibility. To be eligible to participate in the western Pacific community development program, a
community must meet the following criteria:
(1) Be located in American Samoa, Guam, Hawaii, or the Northern Mariana Islands (collectively, the
western Pacific);
(2) Consist of community residents descended from aboriginal people indigenous to the western Pacific
who conducted commercial or subsistence fishing using traditional fishing practices in the waters of
the western Pacific;
(3) Consist of individuals who reside in their ancestral homeland;
(4) Have knowledge of customary practices relevant to fisheries of the western Pacific;
(5) Have a traditional dependence on fisheries of the western Pacific;
(6) Are currently experiencing economic or other constraints that have prevented full participation in the
western Pacific fisheries and, in recent years, have not had harvesting, processing or marketing
capability sufficient to support substantial participation in fisheries in the area; and
(7) Develop and submit a community development plan to the Council and the NMFS that meets the
requirements in paragraph (c) of this section.
(c) Community development plan. An eligible community seeking access to a fishery under the authority of
the Council and NMFS must submit to the Council a community development plan that includes, but is not
limited to, the following information:
(1) A statement of the purposes and goals of the plan.
(2) A description and justification for the specific fishing activity being proposed, including:
(i)

Location of the proposed fishing activity.

(ii) Management unit species to be harvested, and any potential bycatch.
(iii) Gear type(s) to be used.
(iv) Frequency and duration of the proposed fishing activity.
50 CFR 665.20(c)(2)(iv) (enhanced display)

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50 CFR 665.20 (up to date as of 8/08/2024)
Western Pacific Community Development Program.

50 CFR 665.20(c)(3)

(3) A statement describing the degree of involvement by the indigenous community members, including
the name, address, telephone and other contact information of each individual conducting the
proposed fishing activity.
(4) A description of how the community and or its members meet each of the eligibility criteria in
paragraph (b) of this section.
(5) If a vessel is to be used by the community to conduct fishing activities, for each vessel:
(i)

Vessel name and official number (USCG documentation, state, territory, or other registration
number).

(ii) Vessel length overall, displacement, and fish holding capacity.
(iii) Any valid federal fishing permit number(s).
(iv) Name, address, and telephone number of the vessel owner(s) and operator(s).
(d) Council review. The Council will review each community development plan to ensure that it meets the
intent of the Magnuson-Stevens Act and contains all required information. The Council may consider
advice of its advisory panels in conducting this review. If the Council finds the community development
plan is complete, it will transmit the plan to the Regional Administrator for review.
(e) Agency review and approval.
(1) Upon receipt of a community development plan from the Council, the Regional Administrator will
review the plan for consistency with paragraphs (b), (c), and (d) of this section, and other applicable
laws. The Regional Administrator may request from the applicant additional information necessary
to make the determinations pursuant to this section and other applicable laws before proceeding
with the review pursuant to paragraph (e)(2) of this section.
(2) If the Regional Administrator determines that a plan contains the required information and is
consistent with paragraphs (b), (c), and (d) of this section, and other applicable laws, NMFS will
publish a notice in the FEDERAL REGISTER to solicit public comment on the proposed plan and any
associated environmental review documents. The notice will include the following:
(i)

A description of the fishing activity to be conducted.

(ii) The current utilization of domestic annual harvesting and processing capacity (including
existing experimental harvesting, if any) of the target, incidental, and bycatch species.
(iii) A summary of any regulations that would otherwise prohibit the proposed fishing activity.
(iv) Biological and environmental information relevant to the plan, including appropriate statements
of environmental impacts on target and non-target stocks, marine mammals, and threatened or
endangered species.
(3) Within 90 days from the end of the comment period on the plan, the Regional Administrator will
notify the applicant in writing of the decision to approve or disapprove the plan.
(4) If disapproved, the Regional Administrator will provide the reasons for the plan's disapproval and
provide the community with the opportunity to modify the plan and resubmit it for review. Reasons
for disapproval may include, but are not limited to, the following:
(i)

The applicant failed to disclose material information or made false statements related to the
plan.

50 CFR 665.20(e)(4)(i) (enhanced display)

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50 CFR 665.20 (up to date as of 8/08/2024)
Western Pacific Community Development Program.

50 CFR 665.20(e)(4)(ii)

(ii) The harvest would contribute to overfishing or would hinder the recovery of an overfished stock,
according to the best scientific information available.
(iii) The activity would be inconsistent with an applicable law.
(iv) The activity would create a significant enforcement, monitoring, or administrative problem, as
determined by the Regional Administrator.
(5) If approved, the Regional Administrator will publish a notice of the authorization in the FEDERAL
REGISTER, and may attach limiting terms and conditions to the authorization including, but not limited
to, the following:
(i)

The maximum amount of each management unit species and potential bycatch species that
may be harvested and landed during the term of the authorization.

(ii) The number, sizes, names, identification numbers, and federal permit numbers of the vessels
authorized to conduct fishing activities.
(iii) Type, size, and amount of gear used by each vessel, including trip limits.
(iv) The times and places where fishing may or may not be conducted.
(v) Notification, observer, vessel monitoring, and reporting requirements.
(f) Duration. Unless otherwise specified, and unless revoked, suspended, or modified, a plan may be effective
for no longer than five years.
(g) Transfer. Plans authorized under this section are not transferable or assignable.
(h) Sanctions. The Regional Administrator may revoke, suspend or modify a community development plan in
the case of failure to comply with the terms and conditions of the plan, any other applicable provision of
this part, the Magnuson-Stevens Act, or other applicable laws.
(i)

Program review. NMFS and the Council will periodically review and assess each plan. If fishery,
environmental, or other conditions have changed such that the plan's goals or requirements are not being
met, or the fishery has become in an overfished state or overfishing is occurring, the Regional
Administrator may revoke, suspend, or modify the plan.

[75 FR 54046, Sept. 3, 2010]

50 CFR 665.20(i) (enhanced display)

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