[Federal Register Volume 66, Number 79 (Tuesday, April 24, 2001)]
[Rules and Regulations]
[Pages 20609-20614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10150]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 000301054-1054; I.D. 053000D]
RIN 0648-AN27


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Groundfish Observer Program

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this final rule to amend the regulations 
implementing the Pacific Coast Groundfish Fishery Management Plan (FMP) 
to provide for an at-sea observation program on all limited entry and 
open access catcher vessels. This final rule requires vessels in the 
groundfish fishery to carry observers when notified by NMFS or its 
designated agent; establishes notification requirements for vessels 
that may be required to carry observers; and establishes 
responsibilities and defines prohibited actions for vessels that are 
required to carry observers. The at-sea observation program is intended 
to improve estimates of total catch and fishing mortality.

DATES: Effective May 24, 2001.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review/Final Regulatory Flexibility Analysis (EA/FRFA) may be obtained 
from the Pacific Fishery Management Council (Council) by writing to the 
Council at 2130 SW Fifth Avenue, Suite 224, Portland OR 97201, or by 
contacting Don McIsaac at 503-326-6352, or may be obtained from William 
L. Robinson, Northwest Region, NMFS, 7600 Sand Point Way N.E., BIN 
C15700, Bldg. 1, Seattle, WA 98115-0070. Send comments regarding the 
reporting burden estimate or any other aspect of the collection-of-
information requirements in this final rule, including suggestions for 
reducing the burden, to one of the NMFS addresses and to the Office of 
Management and Budget (OMB), Washington, D.C. 20503 (ATTN: NOAA Desk 
Officer).

FOR FURTHER INFORMATION CONTACT: William L. Robinson, Northwest Region, 
NMFS, 206-526-6140; fax: 206-526-6736 and e-mail: 
noaa.gov">bill.robinson@noaa.gov or Svein Fougner, Southwest Region, NMFS, 562-
980-4000; fax: 562-980-4047 and e-mail: svein.fougner@ noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is also accessible via the Internet 
at the Office of the Federal Register's website at http://www.access.gpo.gov/su_docs/aces/aces140.html.

Background

    The U.S. groundfish fisheries off the Washington, Oregon, and 
California coasts are managed pursuant to the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801-
1883) and the Pacific Coast Groundfish FMP. Regulations implementing 
the FMP appear at 50 CFR Part 660, Subpart G. The Magnuson-Stevens Act 
at 16 U.S.C. 1853(b)(8) provides that an FMP may require that one or 
more observers be carried on-board a vessel of the United States 
engaged in fishing for species that are subject to the FMP, for the 
purpose of collecting data necessary for the conservation and 
management of the fishery. The Pacific Coast Groundfish FMP provides 
that all fishing vessels operating in the groundfish fishery may be 
required to accommodate on-board observers for purposes of collecting 
scientific data. Under the Magnuson-Stevens Act at 16 U.S.C. 1855(d), 
the Secretary of Commerce, acting through NMFS, has general 
responsibility to carry out any fishery management plan, and may 
promulgate such regulations as may be necessary to carry out this 
responsibility.
    With the exception of the mid-water trawl fishery for Pacific 
whiting, most groundfish vessels sort their catch at sea and discard 
species that are in excess of cumulative trip limits, unmarketable, in 
excess of annual allocations, or incidentally caught non-groundfish 
species. Landed or retained catch is monitored by individual state fish 
ticket programs in Washington, Oregon, and California. However, because 
a portion of the catch is discarded at sea, there is no opportunity for 
NMFS or the states to monitor total catch (retained plus discarded 
catch) at onshore processing facilities. This lack of information on 
at-sea discards has resulted in imprecise estimates of total catch and 
fishing mortality.
    Discard information is needed to assess and account for total 
fishing mortality and to evaluate management measures, including 
rebuilding plans for overfished stocks. Discard estimates based on 
limited studies conducted in

[[Page 20610]]

the mid-1980's, and information on species compositions in landings, 
are available for some groundfish species. For other species, there is 
little or no discard information. During the past decade, there have 
been significant reductions in cumulative trip limits, and trip limits 
have been applied to increasing numbers of species. In light of these 
changes in the regulatory regime, doubt has been raised by the Council, 
NMFS, and the industry about the old discard estimates, which were 
based on data collected in the 1980's. Accurate estimates of discards 
are essential to computing total catch, and thus are an important 
component of any fishery conservation and management program. If the 
discard estimates are too high, harvest allocations may be set too low; 
if discard estimates are too low, then harvest allocations may be set 
too high, and the long-term health of the stock may be jeopardized.
    Observers are a uniformly trained group of qualified technicians. 
They are stationed aboard vessels to gather conservation and management 
data that are too burdensome for vessel personnel to collect, and which 
would otherwise not be available for managing the fisheries or 
assessing interactions with non-groundfish species. The purposes of 
this final rulemaking are to establish the obligations of vessels that 
will be required to carry observers; to safeguard the observers' well-
being; and to provide for sampling conditions necessary for an observer 
to follow scientific sampling protocols and thereby maintain the 
integrity of observer data collections. Nationwide regulations 
addressing vessels with conditions that are unsafe or inadequate for 
purposes of carrying an observer are found at 50 CFR 600.746. 
Nationwide regulations applicable to observers are also found under 
``General Prohibitions'' at 50 CFR 600.725 (o),(r), (s), (t), and (u).
    A proposed rule was published on September 14, 2000 (65 FR 55495). 
Further background information was presented in the preamble of the 
proposed rule. Public comment on the proposed rule was invited through 
October 16, 2000. NMFS received three letters containing comments. Two 
of the three letters, one from the United States Coast Guard and one 
from the United States Fish and Wildlife Service, expressed support for 
the proposed observer program. The third letter expressed support, but 
also expressed concern about funding mechanisms. At its June 2000 
Council meeting, the Council reviewed the observer program and 
encouraged the public to comment on the proposed rulemaking. One 
individual provided comment during public hearing at the June Council 
meeting. The comments are summarized below followed by NMFS' responses 
to those comments.

Changes to the Final Rule From the Proposed Rule

    The final rule includes the following changes from the proposed 
rule:
    1. Section 660.360 (a) was revised for clarity.
    2. In Section 660.360 (c)(2) language was added to clarify that 
vessels using exempted gear types could be required to carry an 
observer under this rulemaking.
    3. Section 660.360 (c)(2)(i) was revised for clarity.
    4. Section 660.360 (c)(2)(i)(A), addressing departure reports, is 
revised from the proposed rule to include language that is intended to 
provide greater flexibility to vessels that are in port less than 24 
hours from the time offloading of catch from one fishing trip begins 
until the time the vessel departs on the following fishing trip. 
Because such vessels expect to be on the fishing grounds at the time 
that they are required to submit the next departure report, the owner, 
operator, or manager of a vessel is given the option of providing 
notification to NMFS or its designated agent before departing on the 
trip prior to that which the observer coverage may be needed and again 
at the time offloading of the catch from the previous fishing trip 
begins.
    5. Section 660.360 (c)(2)(i)(B), addressing departure reports, is 
revised from the proposed rule to include language that is intended to 
provide greater flexibility to vessels that intend to depart on a 
fishing trip less than 24 hours after weather or sea conditions allow 
for departure. This change was made in response to comment 3 (below). 
The West Coast groundfish fleet is composed of many small vessels, 
whose fishing schedules are heavily influenced by weather and sea 
conditions. To avoid departure delays, the owner, operator, or manager 
of a vessel who intends to depart on a fishing trip less than 24 hours 
after weather or sea conditions become favorable, may choose to inform 
NMFS or its agent of his/her intentions at least 24 hours before the 
expected departure time. After the initial notification, only an update 
4 hours before the expected departure time would be required.

Comments and Responses

    Comment 1: The rulemaking is too narrow; it focuses only on 
observers as a means for collecting the necessary data at sea.
    Response: Other approaches for obtaining total catch data include 
full retention and data sampling by vessel personnel. NMFS believes 
that data collected under these approaches would not meet the defined 
management need without adequate verification, such as video systems 
for monitoring full retention or observer data to compare to vessel-
collected data. Video surveillance systems connected to global 
positioning systems are useful in tracking activity by area fished, but 
do not provide the necessary total catch data. New digital camera 
technology has improved the ability to provide species-specific catch 
information in particular situations (e.g., fixed gear fisheries with a 
small variety of species). The technology is still early in development 
and is generally considered to be supplemental to an observer program.
    Comment 2: Some boats may not have the ability to carry an 
observer. Page 19 of the EA notes that if it is determined that a 
vessel is simply too small to accommodate an observer alternative 
methods of sampling may need to be considered. Under these rules, some 
sectors of the fishery are opted right out of any observer program or 
any meaningful observation without alternatives such as cameras, or 
somebody in a zodiac, or full retention, or something like that. Moving 
forward with an observer program does not preclude further development 
of other approaches for obtaining the necessary total catch data.
    Response: Vessel safety and accommodations are individual vessel 
issues and are not ones that can be easily addressed. NMFS recognizes 
that it is likely that some, particularly the smallest groundfish 
vessels, may not be safe or adequate for carrying observers. Page 19 of 
the EA notes that if it is determined that a vessel cannot safely 
accommodate an observer, alternative methods of sampling may need to be 
considered. This final rulemaking does not preclude further development 
of alternative sampling methods for vessels that are determined to be 
unsuitable for observers.
    Comment 3: If you are one of those that is required to have an 
observer and you do not know 24 hours in advance when you are going, 
because you are looking for the weather to break, that means a lot of 
times in the winter that you won't go fishing because you cannot get an 
observer.
    Response: A departure report is necessary for NMFS or its 
designated agent to identify which vessels need to carry observers and 
to coordinate the placement of observers aboard vessels. It is 
necessary for vessel owners, operators

[[Page 20611]]

or representatives to submit these reports because only they can make 
statements about their future intent. NMFS recognizes that vessels need 
to wait for favorable weather and sea conditions before departing on 
fishing trips. Language has been added to the rule in section 
660.360(c)(2)(i)(B) to obtain the necessary information to ensure that 
an observer is available while allowing for possible delays in vessel 
schedules as a result of poor weather or sea condition. The initial 
contact between NMFS and the individual representing the vessel is 
still necessary to identify that the vessel intends to depart for 
fishing, when the weather or sea conditions are favorable. As 
conditions improve, the individual representing the vessel need only 
provide 4 hours notice before the anticipated departure.
    Comment 4: In various places in the EA, it suggests that the 
program is contingent on Federal funding. If a program is contingent on 
Federal funding, it would violate the Magnuson Stevens Fishery 
Conservation and Management Act.
    Response: NMFS disagrees with this comment. Nowhere in the 
rulemaking documents or in the EA does it state that an observer 
program is contingent on Federal funding. This final rulemaking 
establishes the framework necessary to support an at-sea observer 
program. It includes regulations that require vessels to carry 
observers when notified, provide notification of fishing schedules, 
provide food and accommodations, and a suitable location for observers 
to safely collect sample data according to scientific sampling 
protocols. The analysis examined the impacts resulting from a federally 
funded program because no additional rulemaking would be required 
before a program could be implemented if it were federally funded. 
Therefore, Federal funding was analyzed to facilitate the 
implementation of an observer program should Federal funding become 
available. This final rulemaking does not preclude NMFS or the Council 
from exploring alternative funding options or from providing fishermen 
with greater compensation for all or a portion of the costs of carrying 
an observer. Such measures would build upon this final rulemaking and 
would require additional rulemaking and analysis before implementation.

Classification

    NMFS prepared an EA for this final rule and concluded that there 
will be no significant impact on the human environment as a result of 
this final rule. This final rulemaking will have no direct biological 
or physical impacts on the environment. It is NMFS's intention, to 
provide for observer training and the direct costs of deploying 
observers including salaries, payroll taxes, employment insurance, 
medical insurance, pension, and travel costs. The observers' employer 
will provide protection and indemnity insurance to cover bodily injury 
or property damage claims that may result from actions of the observer. 
Vessels will be responsible for providing information regarding their 
fishing schedule, and food and accommodations, for the observers. Some 
of the smallest groundfish vessels may find that crew members are 
displaced because limited bunk space must be allocated to the observer. 
Vessels will also need to provide adequate sampling facilities and 
unobstructed access to catch. This may result in increased handling 
time if sorting of the catch needs to be slowed or centralized to allow 
an observer to collect samples. Space requirements for analyzing and 
storing samples may reduce the available work and storage space for 
vessel activities. It is likely that the smallest groundfish vessels 
would be most affected by space requirements for analyzing and storing 
samples. However, without minimal sample space, data quality cannot be 
assured. The safety, health, and well-being of observers while 
stationed aboard fishing vessels is of the utmost importance. When this 
final rule is implemented, observer health and safety provisions at 50 
CFR 600.725 and 600.746 will apply. A copy of the EA is available from 
NMFS (see ADDRESSES).
    NMFS prepared a FRFA describing the impact of the action on small 
entities. For the purposes of the analysis, all catcher vessels were 
considered small entities.
    This final rulemaking creates the regulatory framework needed to 
support an on-board observer program and is not predicated on a 
particular funding mechanism. Federal funding is available for 2001 and 
NMFS intends to provide for observer training and the direct costs of 
deploying observers including: salaries, payroll taxes, employment 
insurance, medical insurance, and travel costs. Observers would be 
employed directly by NMFS or through a contractor approved by NMFS. The 
observer's employer will provide protection and indemnity insurance to 
cover property damage claims that may result from actions of the 
observer. The individual vessel will be responsible for observer 
subsistence costs. Costs to the vessel that are analyzed in conjunction 
with this final rule are costs other than those that would be paid by 
NMFS. If NMFS chooses to use other funding mechanisms in the future, 
including shifting costs to the vessels, additional rulemaking would be 
required.
    The costs to industry to deploy observers will vary depending on 
the coverage strategy that is selected. Three approaches that could be 
taken in developing a coverage plan include: random selection of trips 
from a large pool of vessels; complete sampling of all trips taken by a 
small number of vessels over a specific period; or sampling a portion 
of trips by an intermediate number of vessels over a specific period. 
The FRFA states that the impacts of the rule on individual vessels 
would depend on the nature and size of the program and the coverage 
approach that is chosen - all vessels in the groundfish fleet or a 
small portion of the vessels.
    Of the 2,116 vessels in the open access and limited entry (LE) 
fisheries, the number of vessels that could be required to carry an 
observer annually ranges from 60 (if each observer samples one LE 
vessel over an entire cumulative trip limit period) to 967 (if 
observers sample vessel trips at random, no vessel is sampled more than 
once, and each vessel requires two observers to have all days sampled), 
depending on the coverage strategy that is employed. The FRFA indicates 
that the costs to the individual vessel are expected to range between 
$157 and $3334, depending on the coverage strategy and the number of 
days fished per year. An upper value of $11,044 per vessel is an 
extreme that would only occur if a vessel fished every day of the year 
and carried an observer at all times.
    It is most likely that the open access and limited entry groundfish 
fleets would be divided into sampling sectors based on criteria such as 
gear type, fishing period, geographical location, or fishing strategy. 
Each sector may be required to have a different level of observer 
coverage. Sectors with the greatest annual catch of groundfish or those 
that most frequently interact with priority species, for which there is 
a serious need for information, could be required to have a 
substantially higher proportion of observer coverage than the other 
sectors. The analysis assumes that only vessels that carry an observer 
would bear the burden. Among the 2,116 vessels in the open access and 
limited entry groundfish fisheries that could be selected to bear the 
cost to carry an observer, there are substantial differences in terms 
of the annual ex-vessel value of their catch, and therefore in the 
burden imposed.
    There were two alternatives considered in this final rulemaking:

[[Page 20612]]

Status quo, and adoption of regulations to support an observer program. 
Under the status quo alternative, a program could be designed where 
vessels carry observers on a voluntary basis. However, this would be a 
voluntary program with no way to ensure that a specific coverage plan 
could be followed or the integrity of the data collections maintained. 
Discard information needed to assess and account for total fishing 
mortality and to evaluate management measures is considered by NMFS to 
be deficient under a status quo alternative. Adopting regulations for 
an at-sea observer program on all limited entry and open access catcher 
vessels establishes the framework for a mandatory observer program, 
i.e., obligations of vessels that will be required to carry observers; 
safeguarding the observers' well-being; and providing for sampling 
conditions necessary for an observer to follow scientific sampling 
protocols and thereby maintain the integrity of observer data 
collections.
    The Magnuson-Stevens Act at 16 U.S.C. 1853(b)(8) provides that an 
FMP may require that one or more observers be carried on board a vessel 
of the United States engaged in fishing for species that are subject to 
the plan, for the purpose of collecting data necessary for the 
conservation and management of the fishery. On March 3, 1999, NMFS 
determined that the bycatch provisions in Amendment 11 failed to 
respond meaningfully to the bycatch requirements at Section 303 (a)(11) 
of the Magnuson-Stevens Act, which state that an FMP must ``establish a 
standardized reporting methodology to assess the amount and type of 
bycatch occurring in the fishery, and include conservation and 
management measures that, to the extent practicable and in the 
following priority--(A) minimize bycatch; and (B) minimize the 
mortality of bycatch which cannot be avoided.'' Establishing an 
observer program to collect total catch data would bring the Pacific 
coast groundfish FMP closer to the Magnuson-Stevens Act bycatch 
requirements for a standardized reporting methodology on bycatch. A 
copy of this analysis is available from NMFS (see ADDRESSES).
    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA). This collection of 
information requirement has been approved by OMB under control number 
0648-0423. Public reporting burden for these collections of information 
is estimated to average 5 minutes for making a toll-free call to 
provide either notification of departure on a fishing trip or 
notification of intent to cease participating in the fishery. This 
estimate includes the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding these burden estimates or any other aspect of the data 
collection, including suggestions for reducing the burden, to NMFS (see 
ADDRESSES) and to OMB, Washington, DC 20503 (ATTN: NOAA Desk Officer).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.
    NMFS issued Biological Opinions (BOs) under the Endangered Species 
Act on August 10, 1990, November 26, 1991, August 28, 1992, September 
27, 1993, May 14, 1996, and December 15, 1999, pertaining to the 
effects of the groundfish fishery on chinook salmon (Puget Sound, Snake 
River spring/summer, Snake River fall, upper Columbia River spring, 
lower Columbia River, upper Willamette River, Sacramento River winter, 
Central Valley, California coastal), coho salmon (Central California 
coastal, southern Oregon/northern California coastal, Oregon coastal), 
chum salmon (Hood Canal, Columbia River), sockeye salmon (Snake River, 
Ozette Lake), steelhead (upper, middle and lower Columbia River, Snake 
River Basin, upper Willamette River, central California coast, 
California Central Valley, south-central California, southern 
California), and cutthroat trout (Umpqua River, southwest Washington/
Columbia River). NMFS has concluded that implementation of the FMP for 
the Pacific Coast groundfish fishery is not expected to jeopardize the 
continued existence of any endangered or threatened species under the 
jurisdiction of NMFS, or to result in the destruction or adverse 
modification of critical habitat.
    NMFS has re-initiated consultation on the Pacific whiting fishery 
associated with the BO issued on December 15, 1999. During the 2000 
whiting season, the whiting fisheries exceeded the chinook bycatch 
amount specified in the BO's incidental take statement's incidental 
take estimates (11,000 fish) by approximately 500 fish. The re-
initiation will focus primarily on additional actions that the whiting 
fisheries would take to reduce chinook interception, such as time/area 
management. NMFS expects that the re-initiated BO will be completed by 
May 2001. During the reinitiation, fishing under the FMP is within the 
scope of the December 15, 1999, BO, so long as the annual incidental 
take of chinook stays under the 11,000 fish bycatch limit. NMFS has 
concluded that implementation of the FMP for the Pacific Coast 
groundfish fishery is not expected to jeopardize the continued 
existence of any endangered or threatened species under the 
jurisdiction of NMFS, or result in the destruction or adverse 
modification of critical habitat. This final rule implements a data 
collection program and is within the scope of these consultations. 
Because the impacts of this action fall within the scope of the impacts 
considered in these BOs, additional consultations on these species are 
not required for this action.
    This action implements a data collection program and is not 
expected to result in any adverse effects on marine mammals.
    This final rule has been determined to be significant for purposes 
of Executive Order 12866.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

    Dated: April 18, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
660 to read as follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 660.302, the definitions for ``Active sampling unit,'' 
and ``Vessel manager'' are added in alphabetical order to read as 
follows:


Sec. 660.302  Definitions.

    Active sampling unit means a portion of the groundfish fleet in 
which an observer coverage plan is being applied.
* * * * *
    Vessel manager means a person or group of persons whom the vessel 
owner has given authority to oversee all or a portion of groundfish 
fishing activities aboard the vessel.

[[Page 20613]]


    3. In Sec. 660.306, paragraph (y) is added to read as follows:


Sec. 660.306  Prohibitions.

* * * * *
    (y) Groundfish observer program. (1) Forcibly assault, resist, 
oppose, impede, intimidate, harass, sexually harass, bribe, or 
interfere with an observer.
    (2) Interfere with or bias the sampling procedure employed by an 
observer, including either mechanically or physically sorting or 
discarding catch before sampling.
    (3) Tamper with, destroy, or discard an observer's collected 
samples, equipment, records, photographic film, papers, or personal 
effects without the express consent of the observer.
    (4) Harass an observer by conduct that:
    (i) Has sexual connotations,
    (ii) Has the purpose or effect of interfering with the observer's 
work performance, and/or
    (iii) Otherwise creates an intimidating, hostile, or offensive 
environment. In determining whether conduct constitutes harassment, the 
totality of the circumstances, including the nature of the conduct and 
the context in which it occurred, will be considered. The determination 
of the legality of a particular action will be made from the facts on a 
case-by-case basis.
    (5) Fish for, land, or process fish without observer coverage when 
a vessel is required to carry an observer under Sec. 660.360(c).
    (6) Require, pressure, coerce, or threaten an observer to perform 
duties normally performed by crew members, including, but not limited 
to, cooking, washing dishes, standing watch, vessel maintenance, 
assisting with the setting or retrieval of gear, or any duties 
associated with the processing of fish, from sorting the catch to the 
storage of the finished product.
    (7) Fail to provide departure or cease fishing reports specified at 
Sec. 660.360(c)(2).
    (8) Fail to meet the vessel responsibilities specified at 
Sec. 660.360(d).

    4. Section 660.360 is added to subpart G to read as follows:


Sec. 660.360  Groundfish observer program.

    (a) General. Vessel owners, operators, and managers are jointly and 
severally responsible for their vessel's compliance with this section.
    (b) Purpose. The purpose of the Groundfish Observer Program is to 
allow observers to collect fisheries data deemed by the Northwest 
Regional Administrator, NMFS, to be necessary and appropriate for 
management, compliance monitoring, and research in the groundfish 
fisheries and for the conservation of living marine resources and their 
habitat.
    (c) Observer coverage requirements--(1) At-sea processors. 
[Reserved]
    (2) Catcher vessels. For the purposes of this section, catcher 
vessels include all vessels, using open access or limited entry gear 
(including exempted gear types) that take and retain, possess or land 
groundfish at a processor(s) as defined at Sec. 660.302. When NMFS 
notifies the vessel owner, operator, permit holder, or the vessel 
manager of any requirement to carry an observer, the vessel may not 
take and retain, possess, or land any groundfish without carrying an 
observer.
    (i) Notice of departure--Basic rule. At least 24 hours (but not 
more than 36 hours) before departing on a fishing trip, a vessel that 
has been notified by NMFS that it is required to carry an observer, or 
that is operating in an active sampling unit, must notify NMFS (or its 
designated agent) of the vessel's intended time of departure. Notice 
will be given in a form to be specified by NMFS.
    (A) Optional notice--Weather delays. A vessel that anticipates a 
delayed departure due to weather or sea conditions may advise NMFS of 
the anticipated delay when providing the basic notice described in 
paragraph (c)(2)(i) of this section. If departure is delayed beyond 36 
hours from the time the original notice is given, the vessel must 
provide an additional notice of departure not less than 4 hours prior 
to departure, in order to enable NMFS to place an observer.
    (B) Optional notice--Back-to-back fishing trips. A vessel that 
intends to make back-to-back fishing trips (i.e., trips with less than 
24 hours between offloading from one trip and beginning another), may 
provide the basic notice described in paragraph (c)(2)(i)) of this 
section for both trips, prior to making the first trip. A vessel that 
has given such notice is not required to give additional notice of the 
second trip.
    (ii) Cease fishing report. Not more than 24 hours after ceasing the 
taking and retaining of groundfish with limited entry or open access 
gear in order to leave the fishery management area or to fish for 
species not managed under the Pacific Coast Groundfish Fishery 
Management Plan, the owner, operator, or vessel manager of each vessel 
that is required to carry an observer or that is operating in a segment 
of the fleet that NMFS has identified as an active sampling unit must 
provide NMFS or its designated agent with notification as specified by 
NMFS.
    (3) Vessels engaged in recreational fishing. [Reserved]
    (4) Waiver. The Northwest Regional Administrator may provide 
written notification to the vessel owner stating that a determination 
has been made to temporarily waive coverage requirements because of 
circumstances that are deemed to be beyond the vessel's control.
    (d) Vessel responsibilities. An operator of a vessel required to 
carry one or more observer(s) must provide:
    (1) Accommodations and food. Provide accommodations and food that 
are:
    (i) At-sea processors. [Reserved]
    (ii) Catcher vessels. Equivalent to those provided to the crew.
    (2) Safe conditions. Maintain safe conditions on the vessel for the 
protection of observer(s) including adherence to all U.S. Coast Guard 
and other applicable rules, regulations, or statutes pertaining to safe 
operation of the vessel, and provisions at Secs. 600.725 and 600.746 of 
this chapter.
    (3) Observer communications. Facilitate observer communications by:
    (i) Observer use of equipment. Allowing observer(s) to use the 
vessel's communication equipment and personnel, on request, for the 
entry, transmission, and receipt of work-related messages, at no cost 
to the observer(s) or the United States or designated agent.
    (ii) Communication equipment requirements for at-sea processing 
vessels. [Reserved]
    (4) Vessel position. Allow observer(s) access to, and the use of, 
the vessel's navigation equipment and personnel, on request, to 
determine the vessel's position.
    (5) Access. Allow observer(s) free and unobstructed access to the 
vessel's bridge, trawl or working decks, holding bins, processing 
areas, freezer spaces, weight scales, cargo holds, and any other space 
that may be used to hold, process, weigh, or store fish or fish 
products at any time.
    (6) Prior notification. Notify observer(s) at least 15 minutes 
before fish are brought on board, or fish and fish products are 
transferred from the vessel, to allow sampling the catch or observing 
the transfer, unless the observer specifically requests not to be 
notified.
    (7) Records. Allow observer(s) to inspect and copy any state or 
Federal logbook maintained voluntarily or as required by regulation.
    (8) Assistance. Provide all other reasonable assistance to enable

[[Page 20614]]

observer(s) to carry out their duties, including, but not limited to:
    (i) Measuring decks, codends, and holding bins.
    (ii) Providing the observer(s) with a safe work area.
    (iii) Collecting bycatch when requested by the observer(s).
    (iv) Collecting and carrying baskets of fish when requested by the 
observer(s).
    (v) Allowing the observer(s) to collect biological data and 
samples.
    (vi) Providing adequate space for storage of biological samples.
    (9) At-sea transfers to or from processing vessels. [Reserved]
    (e) Procurement of observers services by at-sea processing vessels. 
[Reserved]
    (f) Certification of observers in the at-sea processing vessels. 
[Reserved]
    (g) Certification of observer contractors for at-sea processing 
vessels. [Reserved]
    (h) Suspension and decertification process for observers and 
observer contractors in the at-sea processing vessels. [Reserved]
    (i) Release of observer data in the at-sea processing vessels. 
[Reserved]
    (j) Sample station and operational requirements--(1) Observer 
sampling station. This paragraph contains the requirements for observer 
sampling stations. The vessel owner must provide an observer sampling 
station that complies with this section so that the observer can carry 
out required duties.
    (i) Accessibility. The observer sampling station must be available 
to the observer at all times.
    (ii) Location. The observer sampling station must be located within 
4 m of the location from which the observer samples unsorted catch. 
Unobstructed passage must be provided between the observer sampling 
station and the location where the observer collects sample catch.
    (iii) Minimum work space aboard at-sea processing vessels. 
[Reserved]
    (iv) Table aboard at-sea processing vessels. [Reserved]
    (v) Scale hanger aboard at-sea processing vessels. [Reserved]
    (vi) Diverter board aboard at-sea processing vessels. [Reserved]
    (vii) Other requirements for at-sea processing vessels. [Reserved]
    (2) Requirements for bins used to make volumetric estimates on at-
sea processing vessels. [Reserved]
    (3) Operational requirements for at-sea processing vessels. 
[Reserved]
[FR Doc. 01-10150 Filed 4-23-01; 8:45 am]
BILLING CODE 3510-22-S