[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Rules and Regulations]
[Pages 67805-67809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27221]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 300, 600 and 697

[Docket No. 070717337-81411-03]
RIN 0648-AV78


General Provisions for Domestic Fisheries; Specifications for 
Boarding Ladders

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

ACTION: Final rule.

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SUMMARY: NMFS publishes regulations to require operators of domestic 
fishing vessel with a freeboard of four feet or over to provide a U.S. 
Coast Guard-approved pilot ladder as a safe and enforceable means for 
authorized personnel to board fishing vessels in carrying out their 
duties under the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act), the Atlantic Tunas Convention Act, and 
other applicable fisheries laws and treaties. This action is necessary 
to provide for the safety of personnel boarding domestic fishing 
vessels, as current standards have proven to be inadequate. These final 
regulations establish a safer and more enforceable national standard 
for ladders used by authorized officers for boarding domestic fishing 
vessels subject to Federal regulation.

DATES: Effective January 1, 2009.

ADDRESSES: NMFS prepared a Final Regulatory Flexibility Analysis 
(FRFA), , which incorporates the IRFA and this final rule, and is 
contained in the Classification section of this final rule. Copies of 
the Initial Regulatory Flexibility Analysis/Regulatory Impact Review 
(IRFA/RIR) may be obtained from: Alan Risenhoover, Director, Office of 
Sustainable Fisheries, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: William D. Chappell, 301-713-2337.

SUPPLEMENTARY INFORMATION: A proposed rule for this action was 
published on December 11, 2007 (72 FR 70286), with public comment 
accepted though January 10, 2008. Several requests were made to extend 
the comment period, and NMFS responded by re-opening the proposed rule 
for public comment from January 25, 2008 to February 25, 2008 (73 FR 
4514). A detailed description of the statutory and regulatory authority 
for, and need for this rule is contained in the preamble of the 
proposed rule and is not repeated here.
    Current regulations at Sec.  600.730(c)(3) require the operator of 
a fishing vessel to ``provide a safe ladder'' to be used for boarding 
purposes. This requirement has been in existence at least since general 
provisions for domestic fisheries were consolidated (53 FR 24644, June 
29, 1988). While some commenters expressed surprise at the existence of 
this requirement, they generally agreed that some sort of ladder is 
needed for boarding larger vessels. Comments focused on the definition 
of a safe ladder, when the ladder is needed, and who provides (and pays 
for) the ladder.
    Twenty years of experience have shown that the current generic 
definition is inadequate for both safety and enforcement purposes. 
Because standards to define a ``safe ladder'' did not exist, some 
fishing vessel operators provided inadequate ladders, which put 
boarding personnel at risk. Where the ladder is clearly inadequate, the 
boarding party must either provide a boarding ladder or abort the 
boarding. This lack of a quick and safe means of boarding slows down 
boardings and creates additional interruptions of fishing operations. 
These final regulations provide a common definition for a ladder proven 
to be safer than other types.
    The final rule requires the use of a pilot ladder on all fishing 
vessels with a freeboard of 4 ft (1.25 m) and defines the term 
``freeboard'' for this rule. Because the definition of freeboard is now 
defined as the distance between the top rail of the gunwale and the 
water's surface, some vessels that did not need to provide a ladder 
before will have to provide a ladder under this rule.

Comments on the Proposed Rule

    NMFS received one letter of comment from Washington Department of 
Fish and Wildlife (WDFW) and three letters of comment from the United 
States Coast Guard (USCG), plus 56 comments from members of the public 
with thirty-two unique comments.
    Comment 1: NMFS received twenty-six comments that the USCG or NMFS 
provide a boarding ladder when

[[Page 67806]]

required to safely conduct an at-sea boarding.
    Response: The fishing vessels affected by this rule are already 
required by 50 CFR 600.730(c)(3) to provide a safe boarding ladder; 
this rule defines ``safe boarding ladder'' more clearly. Additionally, 
since all sizes and classes of fishing vessels are subject to at-sea 
boardings, the USCG would need to maintain and store multiple ladders 
of various sizes to enable boarding of the range of fishing vessel 
sizes, which is not feasible due to space limitations aboard USCG 
vessels. The small boats the USCG uses for boarding also have 
insufficient room to carry both a ladder and a boarding team. Finally, 
transferring the ladder from a Coast Guard small boat to a fishing 
vessel with the crew securing an unfamiliar ladder represents a higher 
risk activity than the fishing vessel providing its own custom-sized 
ladder, undermining the purpose of this rule to provide for safer 
boardings.
    Comment 2: NMFS received twenty two comments that the boarding 
ladder required by this rule was too costly.
    Response: While NMFS understands that the ladder is a costly 
investment, it is less than the cost involved with the potential 
serious injury or death that can result from a fall during a boarding. 
NMFS research found that USCG-approved ladders can be custom made for 
$64 per foot for wood and $148 per foot for synthetic ladders. Further, 
use of the ladder is not limited to boardings or observer transfers. It 
can be used for vessel maintenance, retrieving gear from the water, and 
boarding a life raft, as well as in a man overboard situation.
    Comment 3: NMFS received seventeen comments that the fishing 
vessels required by this rule to carry a ladder had insufficient 
storage space aboard.
    Response: Many fishing vessels affected by this rule are already 
required to carry a safe boarding ladder. The ladder specified in this 
rule was designed to be stored aboard vessels. Additionally, the rule 
only applies to larger fishing vessels which typically have sufficient 
storage space.
    Comment 4: NMFS received twelve comments that small fishing vessels 
should be exempted from this requirement.
    Response: Fishing vessels with less than four feet of freeboard, 
which tend to be small fishing vessels, are exempt from this rule.
    Comment 5: NMFS received seven comments that vessels that have been 
boarded in the past without incident or inconvenience should not be 
required to carry unnecessary equipment.
    Response: Every boarding at sea is unique, with variance in 
environmental conditions, boarding team composition, and boarding 
platforms. The fact that no accident occured in previous boardings is 
not an indicator that there will be no accident during the next 
boarding if a safety hazard exists. Even though boarding accidents are 
relatively rare, the risk to boarding party personnel dictates that 
boarding ladder safety must be improved.
    Comment 6: NMFS received six comments that the definition of 
``freeboard'' is unclear.
    Response: NMFS has changed the definition in the final rule. The 
term freeboard, as it applies to this rule, is measured at the time the 
vessel is boarded, and is a physical measurement of the vessel at the 
lowest point of sufficient width to accommodate a boarding. The 
measurement cannot be pre-determined at the dock or the marine 
architects' office, because loading conditions (i.e., fuel state and 
catch onboard) and weather are constantly changing. It remains the 
fishing vessel operator's responsibility to provide a pilot ladder when 
conditions exist that require one.
    Comment 7: NMFS received five comments that this rule has a 
potential for decreasing safety at sea.
    Response: The USCG-approved ladders required by this rule are 
designed to safely transfer people at sea and meet international safety 
standards. Numerous USCG boarding officers were consulted in the 
development of this rule, all of whom agreed that the use of USCG 
approved pilot ladders will increase the safety of at-sea boardings.
    Comment 8: NMFS received four comments concurring with the rule.
    Response: NMFS acknowledges these comments.
    Comment 9: NMFS received four comments that the number of vessels 
affected by this rule is not accurate.
    Response: While the number of vessels affected by this rule is an 
estimate, NMFS considers the data used to be reasonable and the best 
available. Since the US government does not track the freeboard of 
fishing vessels, a length of 65 feet was a proxy used to determine an 
estimated number of affected vessels, based on best professional 
judgment by NMFS and the USCG. Data provided by the USCG indicated that 
there are 5,520 federally-documented fishing vessels over 65 feet and 
an estimated 530 state numbered fishing vessels over 65 feet, yielding 
an estimated 6050 fishing vessels that will be affected by this rule.
    Comment 10: NMFS received four comments that homemade ladders 
should be acceptable.
    Response: This rule requires a ladder that is designed for at-sea 
operations and can be considered safe without a detailed inspection. 
The USCG equipment approval process is available to anyone wishing to 
construct their own ladder.
    Comment 11: NMFS received four comments that a ``one size fits 
all'' approach to boarding ladders is inappropriate.
    Response: NMFS believes that this rule employs a sufficiently 
flexible approach while improving the safety of boarding for authorized 
officers and other persons. Vessels with less than 4 feet of freeboard 
do not need a ladder and ladders can be customized to fit a particular 
vessel's freeboard.
    Comment 12: NMFS received two comments that built-in steps should 
be accepted.
    Response: Built in steps can be a hazard to the small boat used to 
transfer boarding teams onto the fishing vessels. As both vessels rise 
and fall with the waves, the small boat rubs against the steps which 
can tear a rubber sponson, gouge a fiberglass boat, and in rough seas 
even cause the small boat to capsize. Additionally, the standard 
adopted eliminates any question by the fishermen or enforcement as to 
what constitutes a safe boarding ladder.
    Comment 13: NMFS received two comments that the minimum freeboard 
height to require a boarding ladder should be greater than four feet.
    Response: NMFS concluded that four feet was appropriate because a 
five foot tall boarding officer (USCG minimum height requirement) of 
average upper body strength wearing a dry suit, uniform and over 35 
pounds of weapons, tools and gear may find a higher freeboard height 
difficult to climb without the assistance of a ladder.
    Comment 14: NMFS received two comments requesting an extension of 
the public comment period.
    Response: NMFS accommodated this request by reopening the comment 
period for an additional 30 days.
    Comment 15: NMFS received two comments that the rule should not 
apply to charter or recreational vessels.
    Response: Federal fisheries regulations apply to charter and 
recreational vessels as well as commercial vessels, and at-sea 
boardings are conducted on all three categories of vessel.
    Comment 16: NMFS received two comments questioning whether 
sufficient ladders were available.
    Response: NMFS research revealed numerous ship supply stores that 
can provide custom built ladders.

[[Page 67807]]

    Comment 17: NMFS received two comments requesting phase in 
provisions.
    Response: NMFS will provide lead time for vessel owners and 
operators to obtain pilot ladders prior to the effective date of these 
regulations.
    Comment 18: NMFS received two comments that the rule is not 
necessary.
    Response: The safety of boarding teams is a priority for NMFS and 
the USCG. This rule provides a clear definition for a ``safe ladder''. 
Previously allowed unsafe ladders caused boarding personnel to fall in 
the water, a life-threatening situation.
    Comment 19: NMFS received one comment that most boardings of small 
trollers occur over the stern where a ladder physically can't be rigged 
due to space considerations.
    Response: The term freeboard, as it applies to this rule, is a 
physical measurement of the vessel at the lowest point of sufficient 
width to accommodate a boarding. Provided that the stern of a troller 
is a safe boarding location, is of sufficient width to accommodate a 
boarding, and the freeboard is four feet (1.25 m) or less, a boarding 
ladder would not be required.
    Comment 20: NMFS received one comment that boarding teams should 
wait for safer conditions.
    Response: NMFS and the USCG conduct risk assessments prior to 
boarding a vessel; weather conditions are an integral part of this 
assessment. In some areas, waiting for calm conditions would preclude 
most at-sea boardings and result in decreased effectiveness of fishery 
regulations.
    Comment 21: NMFS received one comment that the ladder should be 
called a boarding ladder not a pilot ladder.
    Response: The name ``pilot ladder'' is retained as it refers to a 
specifically constructed ladder. The ladder required by this rule is a 
USCG approved pilot ladder that will be used for at-sea boardings. The 
USCG approval regulations, 46 CFR subpart 163.003, contain standards 
for a pilot ladder.
    Comment 22: NMFS received one comment asking if a thirty foot 
vessel would require the same ladder as a ninety foot vessel.
    Response: This requirement is not based on vessel length, but 
rather on freeboard. Therefore, vessels with similar freeboard will 
need a ladder of a similar length. Pilot ladders are available in 
custom sizes built to fit various freeboard heights.
    Comment 23: NMFS received one comment asking how this rule rebuilds 
fisheries.
    Response: This rule facilitates at-sea enforcement, which is one 
component of effective fishery management.
    Comment 24: NMFS received one comment that this requirement may be 
subject to safety inspections under the USCG Commercial Fishing Vessel 
Safety program.
    Response: Federal fisheries regulations and fishing vessel safety 
regulations are two distinct federal programs. The ladders required by 
this final rule will be subject to inspection under NMFS federal 
fisheries regulations, not USCG Commercial Fishing Vessel Safety 
regulations.
    Comment 25: NMFS received one comment requesting to limit the 
requirement to vessels over sixty-five feet (20 m) in length.
    Response: The ladder requirement is based on freeboard height, not 
vessel length. Some vessels less than sixty-five feet in length have a 
freeboard greater than four feet (1.25 m) and would be required to 
provide a boarding ladder. Conversely, some vessels longer than 65 feet 
(20 m) have a freeboard of less than four feet (1.25 m).
    Comment 26: NMFS received two comments that the rule should be 
voluntary.
    Response: This rule is mandatory. As noted in the proposed rule and 
elsewhere in this final rule, the flexible requirement that fishing 
vessel operators provide boarding parties a ``safe boarding ladder'' 
did not result in a satisfactory level of compliance and safety.
    Comment 27: NMFS received one comment that the rule should apply in 
all areas of the U.S. Exclusive Economic Zone (EEZ).
    Response: The rule applies to domestic fishing vessels in all areas 
of the U.S. EEZ and anywhere U.S. fishing vessels are boarded for the 
purposes of enforcing applicable fisheries laws. Similar regulations 
apply to foreign fishing vessels in the EEZ. See 50 CFR 600.504(d), 
Boarding.
    Comment 28: NMFS received one comment that the rule should apply in 
the Pacific Northwest and one comment that it should not.
    Response: As stated in the response to Comment 27, the rule applies 
in the entire U.S. EEZ and anywhere domestic fishing vessels are 
boarded for the purposes of enforcing applicable fisheries laws. 
Hazardous boarding conditions exist in the Pacific Northwest as they do 
in other areas of the EEZ.
    Comment 29: NMFS received one comment that all fish should be 
retained with no discards.
    Response: This comment is outside the scope of this rule.
    Comment 30: NMFS received one comment that the use of Billy Pugh 
Personnel Transfer Devices should be authorized.
    Response: While the Billy Pugh Personnel Transfer Device is a safe 
means of transporting personnel between vessels, the cost, training, 
and inapplicability to small vessels make this a less preferred option. 
Additionally, a major difference between a transfer device and a ladder 
is that when climbing on a ladder a boarding team is in control of 
whether or not they go up or down the ladder, dependent on the 
situation. If a personnel transfer device was authorized, the boarding 
team would then be putting themselves within the control of the 
individual raising or lowering the transfer device. NMFS concluded that 
it is more appropriate for a ladder to be used so that USCG personnel 
maintain control over their boarding of the vessel.
    Comment 31: NMFS received one comment asking if the rule applied to 
USCG inspected vessels.
    Response: This rule will apply to both inspected and uninspected 
domestic fishing vessels with a freeboard of greater than four feet 
(1.25 m) and fishing in federal waters or with a federal permit.
    Comment 32: NMFS received one comment that there are safer options 
available beyond requiring a boarding ladder.
    Response: Other methods of management and enforcement may require 
fewer at-sea boardings, but no method of management has completely 
removed the need for at-sea boardings. NMFS and the U.S. Coast Guard 
consider the use of boarding ladders an integral part of at-sea 
boardings. As discussed in the preamble to the proposed rule and set 
forth below, NMFS considered five options in developing new boarding 
ladder requirements with this final rule as the preferred option.

Changes from the Proposed Rule

    In order to clarify what is meant by freeboard in a bulwarks cut-
out, the definition of freeboard has been revised to explain that 
freeboard means the distance between the threshold of the bulwark cut-
out and the water's surface. Because the definitions of pilot ladder 
are only applicable to the regulations regarding boarding, they have 
been moved to that section in the international and the Magnuson-
Stevens Act regulations. This also makes them more accessible to the 
user.

[[Page 67808]]

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the Magnuson-Stevens Act and other applicable law.
    NMFS prepared a final regulatory flexibility analysis (FRFA), which 
incorporates the IRFA and this final rule, and describes the economic 
impact that this action may have on small entities. A copy of IRFA is 
available from NMFS (see ADDRESSES).

Statement of Objective and Need

    A description of the objective of and need for this rule is 
contained in the preamble of this final rule.

Summary of Significant Issues Raised in Public Comments

    NMFS received twenty-two comments that the boarding ladder required 
by this rule was too costly. NMFS understands that the ladder is a 
costly investment and conducted market research to determine current 
costs of such a ladder. This research found that USCG-approved ladders 
can be custom made for $64 per foot for wood and $148 per foot for 
synthetic ladders (from $640-$1,480 for a 10-foot ladder). By requiring 
a specifically constructed ladder, the vessel owner and operator can 
reduce the liability caused by their requirement to provide a safe 
boarding ladder. This makes the purchase cost of a pilot ladder less 
than the potential cost involved if serious injury or death results 
from a fall during a boarding. Further, use of the ladder is not 
limited to boardings or observer transfers. It can be used for vessel 
maintenance, retrieving gear from the water, and boarding a life raft, 
as well as in a man overboard situation.

Small Entities Affected

    In determining the number of vessels that might be affected by this 
rule, NMFS and the Coast Guard first determined that vessels 65 ft 
(20.0 m) or greater in length usually have a freeboard (defined as the 
working distance between the top rail of the gunwale to the water's 
surface) of greater than 4 ft (1.25 m). While some vessels 65 ft (20.0 
m) or greater in length may have a freeboard of 4 ft (1.25 m) or less, 
NMFS assumed for purposes of this analysis that all of these vessels, 
as well as an unknown number of smaller vessels, would be required to 
carry a pilot ladder if this proposed rule were implemented. According 
to U.S. Coast Guard vessel documentation records, 6,050 documented 
fishing vessels are 65 ft (20 m) long or longer and could be affected 
by this requirement. Because some vessels already have ladders that 
would meet the new requirements, it is unlikely that all of the 
identified fishing vessels would need to purchase a ladder. Except for 
approximately 11 large catcher-processor vessels, mostly engaged in the 
Alaska fisheries, these vessels are all considered small entities for 
the purpose of this rule.

Reporting and Recordkeeping Requirements

    This rule has no reporting or recordkeeping requirements.

Steps Taken to Minimize the Significant Economic Impacts on Small 
Entities

    This action considered 5 alternatives including the preferred 
alternative and the status quo. The preferred alternative (proposed 
action) is to require the operators of all fishing vessels with a 
freeboard of over 4 feet (1.25 m) to provide a U.S. Coast Guard-
approved pilot ladder for boarding parties, observers and other 
officials required to board the vessel. This alternative was chosen 
because it clarified the height at which a boarding party member could 
safely board a fishing vessel, it provided for owners/operators of 
fishing vessels with an easily obtainable and affordable ladder 
recognized internationally as being of safe construction.
    The second alternative is the status quo, or no change to the 
regulations. This alternative would not increase costs to fishermen; 
however, neither would it increase safety to persons attempting to 
board fishing vessels at sea. The regulations would continue to be 
ambiguous and vessel operators may continue to provide unsafe ladders, 
resulting in delayed boardings and accidents, some of which could be 
serious or fatal.
    A third alternative considered would limit this requirement to 
Alaskan and Northwestern Atlantic waters where cold water and rough 
seas are common. The limitation would reduce the cost to fishermen, but 
would not reduce the hazard to boarding parties in the areas that are 
not subject to the requirements, since boardings are conducted in rough 
seas off all coasts and during all periods of the year. Therefore, 
limiting the extent of this requirement would compromise the safety of 
boarding parties in any areas of the EEZ that are not subject to the 
requirements.
    A fourth alternative would require vessels with a freeboard of 3 
feet (0.9 m) or more to provide a ladder. Some reports from U.S. Coast 
Guard boarding parties indicate that ladders would facilitate boarding 
operations in those cases. NMFS rejected this alternative because of 
increased costs to the fishermen and the marginal benefit in safety.
    A fifth alternative would allow fishing vessel owners or operators 
to make their own ladders according to specifications found at 46 CFR 
subpart 163.003, without going through the procedures for CG approval. 
While fishermen could potentially make such ladders more cheaply than 
buying them, the ladders would not be approved and there would be no 
assurance that they would actually perform as required. Therefore, this 
alternative was not adopted.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. The small 
entity compliance guide for this rule follows:
Small Entity Compliance Guide
Applicability: Owners and operators of United States fishing vessels 
fishing under U.S. laws in U.S. waters and on the high seas.
Requirements: If your vessel has a freeboard of greater than four 
feet (1.25 m), described as the working distance between the top 
rail of the gunwale of a vessel and the water's surface, your vessel 
must provide a Coast Guard- approved pilot ladder for the use of 
enforcement personnel boarding your vessel. If your vessel has cut-
outs in the bulwarks for the purpose of personnel boarding, the 
freeboard is the distance between the threshold of the bulwark cut-
out and the water's surface.
Description of a pilot ladder: A pilot ladder, sometimes called a 
Jacob's ladder, is a flexible ladder constructed and approved to 
meet the U.S. Coast Guard standards for pilot ladders at 46 CFR 
subpart 163.003 entitled Pilot Ladder. Pilot ladders may be 
purchased through many marine equipment suppliers in a variety of 
lengths and materials. NMFS research has determined that the cost of 
a pilot ladder made of natural materials is about $64.00 per foot, 
and a ladder made of synthetic materials is about $148 per foot. The 
total cost of a ladder would therefore likely range from $640 to 
$1,480 for a 10-foot ladder.
Deployment: Specific boarding regulations for the Magnuson-Stevens 
Act are found at 50 CFR 600.730(c). Boarding regulations published 
under other Federal fisheries laws are identical. These regulations 
require that when necessary to facilitate a boarding or at the 
request of an authorized officer or observer, you must provide your 
pilot ladder for their use. You must also provide a manrope or 
safety line, illuminate the ladder, and take any other actions 
necessary to facilitate the boarding and ensure the safety of the 
authorized officer and boarding party.

[[Page 67809]]

This small entity compliance guide is authorized by the Assistant 
Administrator of Fisheries, National Marine Fisheries Service and 
complies with section 212 of the Small Business Regulatory 
Enforcement Fairness Act of 1996.
This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects

50 CFR Part 300
    Administrative practice and procedure, Antarctica, Canada, Exports, 
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources, 
Reporting and recordkeeping requirements, Russian Federation, 
Transportation, Treaties, Wildlife.
50 CFR Part 600
    Administrative practice and procedure, Confidential business 
information, Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics.
50 CFR Part 697
    Administrative practice and procedure, Fisheries, Fishing, 
Intergovernmental relations, Reporting and recordkeepingrequirements.

    Dated: November 10, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR parts 300, 600, and 697 
are amended as follows.

CHAPTER III

PART 300--INTERNATIONAL FISHERIES REGULATIONS

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq., 16 U.S.C. 951-961 and 971 et 
seq., 16 U.S.C. 973-973r, 16 U.S.C. 2431 et seq., 16 U.S.C. 3371-
3378, 16 U.S.C. 3636(b), 16 U.S.C. 5501 et seq., and 16 U.S.C. 1801 
et seq.

0
2. In Sec.  300.5, paragraphs (a)(1) and (2) are added and paragraphs 
(c)(3) and (4) are revised to read as follows:


Sec.  300.5  Facilitation of enforcement.

    (a) * * *
    (1) For the purposes of this section ``freeboard'' means the 
working distance between the top rail of the gunwale of a vessel and 
the water's surface. Where cut-outs are provided in the bulwarks for 
the purpose of boarding personnel, freeboard means the distance between 
the threshold of the bulwark cut-out and the water's surface.
    (2) For the purposes of this section, ``pilot ladder'' means a 
flexible ladder constructed and approved to meet the U.S. Coast Guard 
standards for pilot ladders at 46 CFR subpart 163.003 entitled Pilot 
Ladder.
    (c) * * *
    (3) Except for fishing vessels with a freeboard of 4 feet (1.25 m) 
or less, provide, when requested by an authorized officer or CCAMLR 
inspector, a pilot ladder capable of being used for the purpose of 
enabling the authorized officer or CCAMLR inspector to embark and 
disembark the vessel safely. The pilot ladder must be maintained in 
good condition and kept clean.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or CCAMLR inspector, provide a manrope or safety 
line, and illumination for the pilot ladder.

CHAPTER VI

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
3. The authority citation for part 600 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.
0
4. In Sec.  600.730, paragraphs (a)(1) and (2) are added after the 
introductory text and paragraphs (c)(3) and (4) are revised to read as 
follows:


Sec.  600.730  Facilitation of enforcement.

    (a) * * *
    (1) For the purposes of this section ``freeboard'' means the 
working distance between the top rail of the gunwale of a vessel and 
the water's surface. Where cut-outs are provided in the bulwarks for 
the purpose of boarding personnel, freeboard means the distance between 
the threshold of the bulwark cut-out and the water's surface.
    (2) For the purposes of this section, ``pilot ladder'' means a 
flexible ladder constructed and approved to meet the U.S. Coast Guard 
standards for pilot ladders at 46 CFR subpart 163.003 entitled Pilot 
Ladder.
    (c) * * *
    (3) Except for fishing vessels with a freeboard of 4 feet (1.25 m) 
or less, provide, when requested by an authorized officer or observer 
personnel, a pilot ladder capable of being used for the purpose of 
enabling personnel to embark and disembark the vessel safely. The pilot 
ladder must be maintained in good condition and kept clean.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or observer, provide a manrope or safety line, 
and illumination for the pilot ladder.

CHAPTER VI

PART 697-ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT

0
5. The authority citation for part 697 continues to read as follows:

    Authority: 16 U.S.C. 1501 et seq.
0
6. In Sec.  697.9, paragraph (a) is revised to read as follows:


Sec.  697.9  Facilitation of enforcement.

    (a) General. See Sec.  600.730 of this chapter.
[FR Doc. E8-27221 Filed 11-14-08; 8:45 am]
BILLING CODE 3510-22-S