[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