[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Pages 22270-22302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08814]



[[Page 22269]]

Vol. 80

Tuesday,

No. 76

April 21, 2015

Part II





Department of Commerce





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





National Oceanic and Atmospheric Administration





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





50 CFR Part 660





Fisheries Off West Coast States; Pacific Coast Groundfish Fishery 
Management Plan; Trawl Rationalization Program; Catch Monitor Program; 
Observer Program; Final Rule

Federal Register / Vol. 80 , No. 76 / Tuesday, April 21, 2015 / Rules 
and Regulations

[[Page 22270]]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 130503447-5336-02]
RIN 0648-BD30


Fisheries Off West Coast States; Pacific Coast Groundfish Fishery 
Management Plan; Trawl Rationalization Program; Catch Monitor Program; 
Observer Program

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

ACTION: Final rule.

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

SUMMARY: This action revises the Pacific Coast Groundfish Fishery 
regulations pertaining to certified catch monitors and observers 
required in the Shorebased Individual Fishery Quota Program, the 
Mothership Coop Program, the Catcher/Processor Coop Program, and for 
processing vessels in the fixed gear or open access fisheries. This 
action establishes permitting requirements for persons interested in 
providing certified catch monitors and observers; updates observer 
provider and vessels responsibilities relative to observer safety; and 
makes administrative changes to the observer and catch monitor 
programs. This action is needed to allow for the entry of new 
providers, to ensure observer safety provisions are clearly stated and 
consistent with national observer regulations, and to improve program 
administration.

DATES: Effective date: May 21, 2015.

ADDRESSES: NMFS prepared a Final Regulatory Flexibility Analysis 
(FRFA), which is summarized in the Classification section of this final 
rule. NMFS also prepared an Initial Regulatory Flexibility Analysis 
(IRFA) for the proposed rule. Copies of the IRFA, FRFA and the Small 
Entity Compliance Guide are available from William W. Stelle, Jr., 
Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way 
NE., Seattle, WA 98115-0070; or by phone at 206-526-6150. Copies of the 
Small Entity Compliance Guide are available on the West Coast Region's 
Web site at http://www.westcoast.fisheries.noaa.gov/.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted by email to <a href="/cdn-cgi/l/email-protection#e1aea8b3a0beb294838c889292888e8fa18e8c83cf848e91cf868e97"><span class="__cf_email__" data-cfemail="2c63657e6d737f594e41455f5f4543426c43414e0249435c024b435a">[email protected]</span></a> or 
fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Becky Renko, 206-526-6110, 
<a href="/cdn-cgi/l/email-protection#53313630382a7d21363d383c133d3c32327d343c25"><span class="__cf_email__" data-cfemail="b6d4d3d5ddcf98c4d3d8ddd9f6d8d9d7d798d1d9c0">[email protected]</span></a>; or Jamie Goen, 206-526-4656, <a href="/cdn-cgi/l/email-protection#79131814101c571e161c173917161818571e160f"><span class="__cf_email__" data-cfemail="7f151e12161a5118101a113f11101e1e51181009">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The proposed rule for this action was 
published on February 19, 2014 (79 FR 9592). This final rule removes 
regulations requiring vessels to obtain certified observers from 
providers permitted for the North Pacific Groundfish Observer Program, 
and establishes provider permitting requirements specific to the 
Pacific Coast groundfish fishery. Because some provider businesses in 
the Pacific Coast groundfish fishery provide both observers and catch 
monitors, a combined permitting process is being implemented at 50 CFR 
660.18. There are two types of endorsements that will be associated 
with a provider permit; an observer endorsement and a catch monitor 
endorsement.
    New providers may obtain permits through an application process. 
During the application process, persons, which includes individuals and 
entities, would specify which endorsement(s) they are seeking. Persons 
that provided observers and catch monitors in the 12 months prior to 
the effective date of this rule will be issued a provider permit 
without submitting an application. The existing record regarding 
performance and the ability to provide observer or catch monitor 
services will be adequate documentation. Existing providers will not be 
required to submit a new application unless they were seeking an 
additional endorsement. Existing providers will be permitted through 
December 31, 2015, unless there has been a change in ownership. To 
continue to provide services in 2016, existing providers will be 
required to apply for a provider permit by October 31, 2015, through 
the application process at Sec.  660.18(b). A provider permit expires 
if it is not renewed and endorsements can be revoked when specific 
services have not been provided for a period of 12 consecutive months.
    Observer and catch monitor providers contribute an important 
service by recruiting, hiring, and deploying motivated individuals to 
serve as observers and catch monitors. NMFS must ensure that observer 
providers meet minimum requirements so that this important service is 
consistently maintained. NMFS can issue permits to applicants who, 
among other considerations: Demonstrate that they understand the scope 
of the regulations they will be held to; document how they will comply 
with those regulations; demonstrate that they have the business 
infrastructure necessary to carry out the job; are free from conflict 
of interest; do not have past performance problems on a Federal 
contract or any history of decertification as either an observer, catch 
monitor, catch monitor provider or observer provider; and are free from 
criminal convictions for certain offenses that could impact their 
ability to successfully carry out the role of application. Upon 
issuance of a provider permit, the holder must comply with all 
applicable regulations.
    Provider permit applications from persons who do not hold a current 
provider permit may be submitted at any time during the year. Once a 
complete application is received, NMFS' review process would begin and 
take at least a month. Therefore, applicants should plan accordingly. 
Applications submitted after October 31 may not be processed until the 
following year because of the time required to review applications, 
issue permits, and allow for an appeals process. NMFS has discretion to 
either grant or deny issuance of a catch monitor or observer provider 
permit.
    A permit issued to a catch monitor or observer provider will be 
effective until the permit expiration date of December 31 of that year, 
unless, in the meantime, an ownership change occurs that requires a new 
permit, or the permit is suspended, revoked, or voided. Unless they 
wish to no longer provide services, existing provider permit holders 
must annually reapply prior to the December 31 permit expiration date. 
To be guaranteed issuance by January 1 of a subsequent year, the 
application must be submitted by October 31. If an existing provider 
fails to reapply for the permit, it will expire on the permit 
expiration date.
    This action also revises regulations pertaining to observer safety. 
Fishing vessel responsibilities relative to safety are being revised to 
ensure consistency with the National Observer Program provisions at 
Sec. Sec.  600.725 and 600.746. The prohibitions at Sec.  660.12(e) are 
being revised to clarify that a vessel required to carry an observer is 
prohibited from fishing (including processing) if NMFS, the observer 
provider, or the observer determines that the vessel is inadequate or 
unsafe. In addition, the observer provider responsibilities will 
require the use of a current Vessel Safety checklist for pre-cruise 
checks and for any safety-related findings to be submitted to the 
Observer Program. Minor regulatory changes in program administration 
and housekeeping measures are included in this action.

[[Page 22271]]

Response to Comments

    NMFS received three comment letters on the proposed rule and took 
verbal comments on the proposed rule during the Pacific Fishery 
Management Council's (Council) March 2014 meeting. These comments are 
addressed here:
    Comment 1: The definitions at Sec.  660.11 define a catch monitor 
provider as ``any person or commercial enterprise that is granted a 
permit by NMFS to provide certified catch monitors as required in Sec.  
660.140.'' This would preclude a public agency (state or municipality) 
from becoming a provider and is therefore too restrictive. Similarly, 
the conflict of interest limitations could be read to preclude harbor 
districts, coastal towns, states and similar entities from becoming 
observer or catch monitor providers. We recommend clarifying the 
conflict of interest limitations so that community members have the 
opportunity to monitor fishing activities in their own ports and so 
that harbor districts, coastal towns, states and similar entities may 
become certified providers.
    Response: The regulations do not preclude a public agency, 
including harbor districts, coastal towns, states and similar entities, 
from being a permitted provider. The regulations will allow any 
``person'' that meets the qualifying criteria to be permitted as a 
provider. The term ``person'' is defined in the regulations at Sec.  
660.11 and includes, ``any federal, state, or local government.'' A 
public agency would not be precluded from being a provider.
    The conflict of interest limitations do not prohibit catch monitors 
or observers from living in the same communities in which they work. 
However, the regulations do specify assignment limitations for both 
catch monitors and observers. Currently, a catch monitor may not be 
assigned to the same first receiver for more than 90 calendar days in a 
12-month period, unless otherwise authorized by NMFS. Similarly, 
observers may not be deployed on the same vessel for more than 90 
calendar days in a 12-month period, unless otherwise authorized by 
NMFS.
    Comment 2: Other than allowing observer or catch monitor services, 
the limitations on conflict of interest for catch monitors, observers, 
and providers prohibit persons with a direct financial interest in the 
following: (A) Any ownership, mortgage holder, or other secured 
interest in a vessel, first receiver, shorebased or floating stationary 
processor facility involved in the catching, taking, harvesting or 
processing of fish; (B) Any business involved with selling supplies or 
services to any vessel, first receiver, shorebased or floating 
stationary processing facility; or (C) Any business involved with 
purchasing raw or processed products from any vessel, first receiver, 
shorebased or floating stationary processing facilities. These 
restrictions are not limited to commercial fishing. Recreational 
fishers or someone working at Safeway could be prohibited from being a 
catch monitor, an observer, or a provider.
    Response: The conflict of interest limitations for observers, catch 
monitors, and providers were intended to apply to commercial fishing 
activity, including commercial activity in the recreational fisheries 
(e.g. charters). The conflict of interest restrictions describe, in 
part, that a person must not have a direct financial interest in a 
vessel, or any business buying from or selling to a vessel. The term 
``fishing vessel'' as defined in regulation at Sec.  600.10 means any 
vessel, boat, ship, or other craft that is used for, equipped to be 
used for, or of a type that is normally used for: (1) Fishing; or (2) 
Aiding or assisting one or more vessels at sea in the performance of 
any activity relating to fishing, including, but not limited to, 
preparation, supply, storage, refrigeration, transportation, or 
processing. Conflict of interest restrictions for observers are 
outlined at a national level in a policy directive (04-109-01) from 
August 2007 titled, ``National Minimum Eligibility Standards for Marine 
Fisheries Observers.'' (http://www.st.nmfs.noaa.gov/Assets/Observer-Program/pdf/Eligibility_Procedural_Directive.pdf) The national conflict 
of interest requirements use similar language, including use of the 
term ``vessel'' on page 3. In addition, the term ``vessel'' and similar 
conflict of interest requirements have been in Pacific coast groundfish 
regulations for observers, catch monitors, and providers before the 
February 2014 proposed rule and, for observers, since well before the 
trawl rationalization program.
    Comment 3: NMFS stated their intent to expand conflict of interest 
limitations for observer and catch monitor providers. NMFS appears 
intent on developing these limitations without Council guidance outside 
of this rulemaking process, this is concerning.
    Response: NMFS disagrees with the commenter that actions are being 
developed without Council input. At the Council's April 2012 meeting, 
NMFS identified the intent to review observer regulations at Sec.  
660.140 (Shorebased IFQ Program), Sec.  660.150 (Mothership Coop 
Program), Sec.  660.160 (Catcher/processor Coop Program) and the catch 
monitor regulations (Sec. Sec.  660.17, 660.18, and 660.140) and revise 
the regulations to be more clear or more consistent and to improve 
administration of the two programs (Agenda item I.4.c. NMFS Trailing 
Actions). In April 2012, the Council recommended that NMFS move forward 
with the proposed changes. During the development of provider 
permitting regulations, the issue regarding conflict of interest 
limitations for providers came to light. To provide adequate notice to 
the public, the proposed rule preamble specifically discussed the issue 
of narrowing the conflict of interest limitations for providers and 
requested public comment. In addition, the issue was brought forward at 
the Council's March 2014 meeting for further input from the Council.
    Comment 4: The current conflict of interest provisions were 
developed by the Council to help facilitate procurement of observers. A 
central point of the proposed rule is about facilitating procurement of 
observers by expanding the pool of observer providers on the Pacific 
Coast. Therefore, it seems counter-intuitive for NMFS to suggest the 
need for additional constraints on observer providers that will hinder 
procurement of observers. Further, during the original deeming of 
Amendment 20, the Regulatory Deeming Workgroup specifically rejected 
the more expansive conflict of interest language that NMFS initially 
proposed at that time. NMFS agreed to go with the narrowed language 
which is currently in regulation. The conflict of interest provisions 
should not be expanded beyond those originally developed by the 
Council.
    Response: In 2010, during the deeming of the Amendment 20 
rulemaking, more restrictive conflict of interest limitations relative 
to individual observers and catch monitors were rejected by the 
Regulatory Deeming Workgroup. The workgroup expressed concern that 
excessively narrow limitations could affect the availability of 
individuals to serve as observers and catch monitors. Although the 
conflict of interest limitations for observers and catch monitors are 
currently inconsistent with the NMFS policy directive 04-109-01, NMFS 
did not propose to narrow the conflict of interest limitations for 
observers and catch monitors in this action. Rather, the rule proposed 
to narrow the conflict of interest limitations for observer providers. 
The Regulatory Deeming Workgroup did not specifically consider

[[Page 22272]]

the conflict of interest limitations for providers.
    Providers are businesses that employ qualified individuals to serve 
as observers and catch monitors; arrange for their attendance in 
training and briefings; provide support while they are deployed; and 
ensure that they meet the obligations. NMFS believes that there is 
adequate availability of individuals, businesses, colleges, 
universities, state and local governments to serve as providers to 
supply personnel for field positions in their natural resource jobs. 
Because the pool of potential applicants is a broad group, there 
appears to be an adequate pool of applicants without including those 
persons with direct financial ties to the fishing industry. For the 
collection of independent unbiased data, it is important that provider 
businesses be companies dedicated to providing personnel for the 
collection of accurate, complete, and reliable marine and ecological 
data. Broadening the existing conflict of interest limitations to 
restrict providers from having a direct financial interest in any 
federal or state managed fisheries is not expected to hinder the 
procurement of qualified individuals to serve as observers or catch 
monitors.
    Comment 5: The proposed rule includes language that goes far beyond 
what it takes to become an observer. The observer qualifications 
include CPR training and certification which are inappropriate. The 
educational requirements go beyond what is necessary to do the job. The 
observer qualification requirements conflict with the Magnuson-Stevens 
Fisheries Conservation and Management Act (Magnuson-Stevens Act) which 
simply states that they must have the skills to do the job.
    Response: As noted in the preamble of the proposed rule, only minor 
administrative changes are being made in the regulations pertaining to 
observer qualifications and certifications. The changes include 
removing and updating incorrect cross references and standardizing 
references to the Observer Program. Similar, if not identical, changes 
are being made in the regulations pertaining to observers in the 
Mothership and Catcher/Processor Coop Programs.
    The proposed rule did not include the reconsideration of 
eligibility requirements currently in regulation for observers. 
Observer eligibility criteria are based on NMFS policy directive 04-
109-01, National Minimum Eligibility Requirements for Marine Fisheries 
Observers. Observer safety training and first aid requirements are 
addressed in policy directive 04-110-01. These directives are available 
on line at http://www.nmfs.noaa.gov/op/pds/. Changes to the national 
directives for minimum eligibility requirements and first aid are 
beyond the scope of this action.
    Comment 6: The provision of observers and catch monitors by for-
profit companies provides employment and secondary economic benefits to 
West Coast ports. However, for some vessels in remote and small fishing 
areas, securing an observer or a catch monitor from a traditional for-
profit provider may be prohibitively costly or difficult. NMFS should 
allow non-traditional entities to serve as observers and catch 
monitors, provided that they meet the requirements for a permit. These 
applicants could include coastal towns, harbor districts, states and 
other similar entities. Many individuals affiliated with those groups 
may be familiar with West Coast groundfish species and the fishery, 
making them promising candidates for observers and catch monitors.
    There are two issues that could constrain non-traditional entities 
from providing observers and catch monitors: educational requirements 
for observers/catch monitors, and the conflict of interest limitations. 
While we understand and support minimum requirements for observers/
catch monitors, we encourage NMFS to reconsider the requirement for a 
Bachelor's degree specifically in the natural sciences. We believe this 
requirement inadvertently excludes a number of otherwise qualified 
individuals. As long as applicants are able to successfully complete 
the NMFS training course, and can demonstrate they have the scientific 
and statistical skills and knowledge necessary to complete required 
duties, we believe they should be allowed to serve as observers/catch 
monitors.
    Response: As discussed in the response to Comments 1 and 2, non-
traditional entities, such as coastal towns, harbor districts, and 
states, would not be prohibited from becoming a provider if they meet 
the qualifying criteria. As discussed in the response to Comment 5, the 
proposed rule did not include reconsideration of eligibility 
requirements currently in regulation for observers. Nor did the 
proposed rule include changes to the educational requirements for catch 
monitors. Observers and catch monitors have different educational 
requirements in the groundfish regulations, as specified at Sec.  
660.140(h)(5)(i) for IFQ observers and Sec.  660.17(e)(1) for catch 
monitors. The minimum requirement for a bachelor's degree in one of the 
natural sciences is specific to observers, not catch monitors. 
Observers are required, in part, to have a bachelor's degree in one of 
the natural sciences, with coursework in biological sciences, use of 
dichotomous keys, at least one math and statistics course, and relevant 
computer skills, all consistent with national policy. Catch monitors, 
on the other hand, are required, in part, to have a high school 
diploma, and a 2-year degree or 1-year of specialized experience.
    Observer eligibility criteria are based on NMFS policy directive 
04-109-01, National Minimum Eligibility Requirements for Marine 
Fisheries Observers. The purpose of the procedural directive was to 
establish national minimum eligibility standards for individuals 
admitted to and completing observer training. Quality observer data are 
essential for management decisions. Therefore, observers must meet 
minimum eligibility standards to help ensure professionalism, provide 
quality assurance, prevent conflicts of interest and promote agency 
credibility. These same national directives include conflict of 
interest limitations.
    Comment 7: There are inconsistencies between sections of the 
regulations describing first aid and cardiopulmonary training required 
for observers and needed to maintain their certification. Observers in 
the Shorebased IFQ Program and on catcher vessels in the mothership 
fishery are required to complete a basic cardiopulmonary resuscitation/
first aid course prior to the end of the West Coast Groundfish Observer 
training class and to maintain their certification they must hold 
current basic cardiopulmonary resuscitation/first aid certification as 
per American Red Cross Standards.
    Response: The commenter is correct that there are inconsistencies 
between what must be successfully completed during the West Coast 
Groundfish Observer training classes to obtain the initial 
certification and what is required to maintain the certification. This 
final rule revises those sections to eliminate the inconsistencies. 
Each section will refer to a Red Cross or equivalent basic 
cardiopulmonary resuscitation/first aid certification.
    Comment 8: The proposed rule regulations require that any concerns 
about vessel safety be reported in writing to the Observer Program 
Office by the observer provider within 24 hours after the observer 
provider becomes aware of the information. Two commenters expressed 
concern about the timeliness of the vessel safety

[[Page 22273]]

information getting back to a vessel owner. The commenters requested 
that the regulations specify the time when a provider must notify a 
vessel owner about safety concerns, including an observer's refusal to 
board a vessel, starting from the time a problem is identified by the 
observer and ending when the vessel owner is notified of the situation.
    Response: Every vessel that carries an observer is required to have 
a valid USCG Commercial Fishing Vessel Safety Decal that is valid for 
two years. Although a vessel may meet the requirements for a Vessel 
Safety Decal at the time of inspection, vessels can be out of 
compliance between inspections. Equipment can be removed from the 
vessel, damaged, or out of date. Prior to an observer embarking on the 
first trip and before the vessel may get underway with an observer 
aboard, the observer provider must ensure that the Observer Vessel 
Safety Checklist was completed, and that the vessel has a valid USCG 
Commercial Fishing Vessel Safety Decal. The provider must submit the 
Observer Vessel Safety Checklist to the Observer Program. The observers 
are encouraged to complete an Observer Vessel Safety Checklist as early 
as possible before the first trip and give the vessel time to correct 
any deficiencies. In addition, for the protection of observers, the 
current regulations state that vessels are required to maintain safe 
conditions, and comply with USCG and other applicable rules, 
regulations, statutes, and guidelines pertaining to safe operation of 
the vessel. Those measures include, but are not limited to, rules of 
the road, vessel stability, emergency drills, emergency equipment, 
vessel maintenance, vessel general condition and port bar crossings. An 
observer may refuse to board or reboard a vessel, and may request a 
vessel to return to port if they believe it is operated in an unsafe 
manner or if they identify unsafe conditions.
    Observers hired by permitted providers are required by regulations 
to report to NMFS when a vessel has uncorrected safety deficiencies, 
when an observer refuses to board or reboard a vessel, and when an 
observer requests to return to port due to unsafe conditions. Vessel 
owners employing observer services through a permitted provider hold a 
private contract with the provider. If a vessel owner wants observer 
safety concerns reported to them within a specific time frame, they are 
encouraged to work directly with the observer providers to build 
elements into their private business contract that addresses the 
concern. To address vessel safety issues before an observer is 
scheduled to board a vessel, NMFS encourages the vessel owners to work 
directly with the USCG port personnel including safety inspectors who 
are available to assist individual vessel owners.
    Comment 9: If an observer refuses to board a particular vessel, all 
of the preparation for going fishing is cost that is a loss for that 
vessel. There should be a regulatory provision to compensate the 
vessel's loss.
    Response: With respect to permitted providers within the trawl 
fisheries, the relationship between the vessel and the permitted 
provider is a private business contract between the two entities. If 
the individual parties want provisions for compensating each other for 
losses relative to the fishing preparation costs or the observer's lost 
work time, the individual parties are encouraged to work together to 
build elements into their private business contract that addresses the 
concerns.
    With respect to the limited entry fixed gear and open access 
harvesting vessels, Pacific States Marine Fish Commission holds 
contracts with observer providers and observers are obtained through 
the Observer Program Office, not directly from permitted providers. 
When there is a safety concern on limited entry fixed gear and open 
access harvesting vessel, NMFS notifies the vessel owner about the 
safety concerns. If the safety concern was not caused by the vessel or 
crew, a waiver may be issued and the vessel can go fish. In this case, 
the loss of fishing time is minimal. However, if an observer refuses a 
trip due to an issue with the vessel (unsafe conditions, harassment 
etc.), the Observer Program tends not to issue waivers and the vessel 
must correct the issue before an observer would be assigned to the 
vessel. In this case, NMFS believes that compensation would be 
inappropriate.
    Comment 10: The proposed rule would require the submission of a 
permit renewal application every year in order to maintain 
certification as an observer provider. We believe this would be both 
unnecessary and overly burdensome. Providers and NMFS staff already 
have too many administrative responsibilities. New responsibilities 
should be considered only when they are truly worthwhile. This one may 
look good on paper, creating the impression that it somehow increases 
agency oversight, but in reality it will accomplish nothing. Once 
certified, we believe a company should remain so unless there is a 
change of ownership.
    Response: The intended purpose of the annual renewal is to verify 
that the management, organization, and ownership structure of a 
permitted provider is unchanged; to update provider contact 
information; and to assure that nothing has changed relative to the 
conflict of interest limitations or criminal convictions. Based on 
experience, NMFS believes the renewal process ensures that information 
required for issuance of a provider permit is maintained over time. If 
inconsistencies with the standards are found, the situation could be 
addressed and remedied in a timely manner.
    The commenter is correct that annual renewals will be an additional 
burden on existing providers and NMFS. The burden was specifically 
considered and NMFS has determined that, at least initially, an annual 
check-in is needed to ensure that the conditions under which the 
original permits were issued continue to exist. To reduce the burden of 
the renewal process on the provider, partially pre-filled renewal forms 
will be provided. If all information is current, the burden on the 
provider is expected to be minimal.
    At the beginning of the new provider permit requirements, it is 
important to collect the information through the renewal on an annual 
basis. After a few years, NMFS could evaluate whether the provider 
permit could remain valid over a longer period of time and a 
modification to the regulation is warranted. In addition, after three 
years, the burden of this collection will be reconsidered under the 
Paperwork Reduction Act and requiring less frequent renewals for 
provider permits could be considered.
    Comment 11: The gear issued to observers has grown more technically 
advanced and increasingly expensive. The cost of NMFS-issued scales 
alone exceeds $10,000. It is unreasonable to make providers or 
observers responsible for replacement costs of lost or damaged gear. 
Gear can be damaged through normal at-sea use, and one could argue that 
gear stolen from an observer's hotel room when the observer is on 
travel has been lost. It is unreasonable in either of these 
circumstances to hold the provider responsible for replacing the gear 
involved. Replacement should be restricted to those instances when gear 
is misplaced (i.e., truly ``lost'') by the observer and when damage 
results from an observer's willful misconduct.
    Response: When all of the gear is new, the specialized set of 
safety and sampling gear issued by NMFS to observers can exceed 
$13,000. The motion-compensating scale alone is valued at approximately 
$7,000. Current regulations require an observer provider to replace all 
lost or damaged gear and equipment issued by NMFS to an observer under 
contract to that provider.

[[Page 22274]]

All replacements must be in accordance with requirements and procedures 
identified in writing by the Observer Program Office. NMFS believes 
there is a need to ensure that observers properly care for the gear in 
their possession. Although the regulations provide for the replacement 
of all lost or damage gear and equipment, to date the Observer Program 
has not required gear to be replaced when the gear was damaged and 
taken out of service due to normal wear or where the observer was not 
at fault for the gear being lost or stolen (i.e. stolen from a locked 
hotel room). However, observer providers have been asked to replace 
gear that was damaged or lost out of neglect by the observer (i.e. 
equipment stolen from an unlocked vehicle).
    Comment 12: The Shorebased IFQ Program regulations currently limit 
an observer to 22 deployed days in a calendar month. This limit was 
established in 2011 prior to the start of the Shorebased IFQ Program. 
Based on our experience as an observer provider during the 2011-2013 
period, we question why no changes were made in this rule. In our 
experience, we've often had to pull observers off vessels when they've 
had 19 or 20 deployed days in a month because their next trip would 
take them to a total of 23 or 24 days. The observers generally don't 
appreciate that they're being denied work for their own good, 
particularly in a program where work comes in fits and starts and they 
can't count on making up for lost earnings in subsequent months. For 
bottom trawl vessels, we'd suggest raising the limit to 24 days per 
month, and we'd suggest removing it entirely for vessels targeting 
Pacific whiting in the Shorebased IFQ Program. We believe that the 24 
day per month standard would allow more people to work 22 days, which 
seems to be in the spirit of the regulations, because a provider would 
not need to pull an observer off a boat at 19 or 20 days out of an 
abundance of caution.
    Regardless of the day specified in the deployment limit, as an 
observer provider we are not comfortable with waivers being confined to 
those situations listed in the regulation (long trips, or a shortage of 
observers due to illness or injury). For instance, an observer in 
Bellingham, Washington who has already had 21 deployed days in the 
month of July would be unable to board a vessel that was departing on 
July 30 for another trip, even though the first 18 hours of that trip 
would be running out to the fishing grounds. If the regulation as 
written were to be applied in this situation, we would be expected to 
send an observer from Westport, Washington or Astoria, Oregon to cover 
the trip, adding significant travel costs to the vessel's bill, and our 
Bellingham observer would be left on the beach to contemplate the lost 
earnings. The rule should give NMFS the latitude to make common sense 
decisions in situations regardless of the limit on deployment days. The 
regulations should be revised to allow the Observer Program to issue 
waivers to allow observers to work more than the number of days in a 
calendar month specified in the deployment limit.
    Response: The current regulations state that an observer must not 
be deployed for more than 22 days in a calendar month with some 
exceptions: when the Observer Program specifically issues a waiver in a 
situation where it is anticipated that a single trip will last over 20 
days, or for issues with replacement observer availability due to 
illness or injury. Because the regulatory text that the commenter is 
referring to was included in the proposed rule only to revise minor 
administrative changes without substantive changes from the existing 
deployment limitations, NMFS believes that further analysis is 
necessary to determine if the 22 day deployment restriction should be 
revised and, if so, what would be an appropriate change. NMFS 
encourages the commenter to bring this issue forward through the 
Pacific Fishery Management Council process for further consideration.
    The commenter also indicates that regardless of the 22 day 
deployment restriction, the range of exceptions for which waivers may 
be issued is too narrow and needs to be revised. In looking at the 
current regulatory text, NMFS agrees that the stated limits for when 
waivers may be issued is too narrow and does not accurately reflect 
current program policies. Therefore, this final rule revises the 
observer deployment limitations and workload regulations to add an 
allowance for the Observer Program to issue a waiver when it has been 
predetermined that the extended deployment is not likely to result in 
data delays or otherwise impact the overall duties and obligations of 
the observer.
    Comment 13: If an observer provider is unable to provide observer 
coverage to a vessel that they have a contractual relationship with due 
to the lack of available observers, the observer provider must report 
it to the Observer Program at least four hours prior to the vessel's 
estimated embark time. As a provider, the requirement to notify NMFS at 
least four hours before the vessel's scheduled departure works well 
enough for processing vessels in the Mothership and Catcher/processor 
Coop fisheries, but not for vessels in the Shorebased IFQ Program. For 
vessels in the Shorebased IFQ Program, we're most likely to have 
difficulty providing observer coverage to vessels that provide only 
four hour notice. The rule needs to anticipate these situations by 
stating providers will notify NMFS at least four hours in advance of a 
trip when an observer isn't available, unless the vessel provides less 
than four hour notice to the provider, in which case the provider is to 
notify NMFS as soon as practical after the situation arises.
    Response: NMFS agrees the recommendation is consistent with the 
original intent of the regulations. The basis for the original 
regulations was that the observer provider was given adequate notice by 
the vessel. Therefore, the Shorebased IFQ Program regulations for catch 
monitor and observer providers are revised to reduce the burden on 
catch monitor or observer providers when less than four hour notice is 
given to the provider.
    Comment 14: After initial issuance, an observer must keep their 
certification valid. In order to maintain the certification, an 
observer must meet the ``minimum annual deployment period'' of three 
months at least once every 12 months. If by ``deployment period,'' the 
language means a period under contract, then we have no question on 
this subject. However, if by ``deployment period'' the intent is to say 
that to maintain the endorsement an observer must have at least 90 
deployed days on vessels during a 12 month period that could be too 
restrictive particularly in ports in Southern California. Based on our 
experience as an observer provider in Central and Southern California 
in the 2011 to 2013 period, an observer would have to be under 
contract, on average, for 9 months out of every 12 months to reach a 
90-deployed-day threshold. An observer who spent 6 months out of the 
year under contract and was deployed 60 days during those months should 
not be required to attend a full training prior to returning to work 
the following year.
    Response: NMFS agrees with the commenter that regulatory language 
regarding a minimum annual deployment period for observers does not 
work for the Shorebased IFQ Program given the amount of variance in 
activity between ports. Observers in certain ports simply cannot 
accumulate the required number of days to maintain certification, yet 
they are perfectly capable of performing their duties. In addition, 
some ports already have difficulty getting observer coverage and are at 
more of a disadvantage as a result

[[Page 22275]]

of this restriction. After reviewing the number of sea days for all 
observers, as well as those in the Southern California ports of 
concern, the minimum annual deployment restriction is being revised in 
this final rule to a minimum of 45 days. In addition, the Observer 
Program will have the discretion to waive the 45 day requirement for 
individuals in good standing with less than 45 days on a case-by-case 
basis, but have less deployment days given their port assignments. The 
regulatory revisions reduce the training burden on individual observers 
and providers.
    Comment 15: Limiting the hours of a catch monitor to 12 hours in 
any 24 hour period for work other than the summary and submission of 
catch monitor data poses a problem in remote ports. Offloads in 
Bellingham, Washington, for instance, can sometimes run longer than 12 
hours. We only have a single Shorebased IFQ Program observer/catch 
monitor in Bellingham. At the start of an offload, there's no way to 
predict with certainty if the offload will run longer than 12 hours. As 
a catch monitor provider, a 12-hour limit is unworkable in Bellingham. 
In cases when an offload does exceed 12 hours, the regulation as 
written would force us to shut down the offload and send someone to 
Bellingham from either Westport, Washington or Astoria, Oregon to 
finish the last hour or two of work. In this case, the expense and 
disruption faced by the first receiver as a result of the work hour 
restriction is not justified. We're also confused as to why the work 
limits for catch monitors are expressed in terms of a number of hours 
``per 24-hour period.'' Using a ``calendar day'' would be a more common 
sense approach and is much easier to apply.
    Response: The proposed rule changes were intended to address the 
late submission of catch monitor data and excessive work hours due to 
long offloads, particularly relative to Pacific whiting landings. The 
current regulations limit the working hours of each individual catch 
monitor to no more than 16 hours per calendar day, with maximum of 14 
hours being work other than the summary and submission of catch monitor 
data. In addition, following a monitoring shift of more than 10 hours, 
each catch monitor must be provided with a minimum 6 hours break before 
they may resume monitoring. The proposed rule included a reduction in 
the working hours such that a catch monitor could not work more than 14 
consecutive hours in any 24-hour period with a maximum of 12 hours 
being work other than the summary and submission of catch monitor data. 
In addition, a break of at least 8 consecutive hours would have been 
required in the same 24-hour period.
    In response to the issues identified by the commenter, changes have 
been made in the final rule. The term calendar day will continue to be 
used rather than 24-hour period. The increased burden to a provider to 
monitor a moving 24-hour period for a large number of individuals 
appears to outweigh the benefit over continuing to restrict work hours 
using a calendar day. The limit on working hours of each individual 
catch monitor will continue to be reduced from 16 to 14 hours; however, 
the number of hours for work other than the summary and submission of 
catch monitor data is being removed to provide flexibility. The catch 
monitor is still obligated to submit catch data within 24 hours of the 
completion of landing and the provider is responsible for assuring that 
the catch monitor obligations are met.
    Comment 16: The requirement that observers have a physical exam 
once every twelve months should be revised to better fit the realities 
of providing observers and catch monitors for the Pacific Coast 
groundfish fisheries. In the North Pacific program, for instance, an 
observer is required to have a current physical exam within twelve 
months of starting a contract or cruise. Since deployments in the North 
Pacific program can last as long as 90 days, observers can often work 
for up to 15 months beyond the date of their most recent physical. On 
the Pacific Coast, since deployments are measured in days, not months, 
an annual physical requirement will often introduce unnecessary costs.
    As an observer provider, typical contracts in the trawl fisheries 
last 12 to 14 months. Because observers get their pre-employment 
physical before they begin training, the regulation as written will 
require observers who decide against signing a second contract to get a 
physical exam during the final month or two of their employment so as 
to be able to finish their commitment. Changing the physical exam 
requirement to once every 15 months would better fit the way contracts 
run on the West Coast.
    Response: The current regulations relative to physical examinations 
for an observer requires that the physician's statement be submitted to 
the Observer Program Office prior to certification and must have 
occurred during the 12 months prior to the observer's or observer 
candidate's deployment. The proposed regulations had removed the clause 
which read ``The physician's statement expires 12 months after the 
physical exam occurred and a new physical exam must be performed, and 
accompanying statement submitted, prior to any deployment occurring 
after the expiration of the statement.'' However, the proposed rule 
specifically requested public comment on the modification. Physical 
examinations and requirements of the physician statements are currently 
being reviewed by the National Observer Program. Modifications will not 
be made at this time. Future changes would be proposed following 
completion of the National Observer Program review.
    Comment 17: The proposed regulations require observer candidates be 
registered 10 business days in advance of trainings and briefings. As a 
provider, we register candidates as soon as they are hired, which is 
almost always far earlier than the regulations require, but the Pacific 
Coast fisheries are still dynamic and difficult to predict. We suggest 
requiring candidates to be registered 5 business days in advance of a 
training is more realistic, as it is not uncommon that changing fishing 
plans from the fleet lead us to adjust our training plans just a week 
or so prior to the start of a training or briefing.
    Response: The current regulations required registration information 
to be submitted to the Observer Program Office at least 7 business days 
prior to the beginning of a scheduled training or briefing session. The 
proposed rule would increase the minimum submission time to be 10 
business days. NMFS understands the concern and would be willing to 
consider late submissions. However, the Observer Program would retain 
the authority to refuse a submission received less than 10 days before 
the start of the training or briefing.
    Comment 18: The commenter recommended removing the current 
requirement that observer providers on the Pacific Coast be permitted 
to provide coverage in the North Pacific groundfish fishery. That 
requirement may limit the available number of Pacific Coast providers 
thereby limiting competition and driving up costs.
    Response: NMFS agrees with the commenter. The Pacific Coast 
Groundfish provider permits would replace the requirement for observer 
providers to hold a valid permit issued by the North Pacific observer 
program in 2010.
    Comment 19: The proposed rule is inaccurate relative to the cease 
fishing reports for the Mothership Coop Program at Sec.  
660.150(c)(4)(ii), in the Catcher/processor Coop Program at

[[Page 22276]]

Sec.  660.160(c)(5), and in Trawl Fishery--Recordkeeping and Reporting 
at Sec.  660.113(c)(4). Cease fishing reports regarding reapportionment 
of non-whiting allocations are not mandatory. The provision notes two 
potential triggers for reapportionment of non-whiting--attainment of 
the mothership sector whiting allocation or notification by 
participants that they do not intend to harvest remaining allocation. 
As such, a cease fishing report would only be required if and when the 
participants in the sector collectively determine not to conduct any 
more harvesting activities for the year and instruct the designated 
coop manager accordingly. This paragraph could be clarified to avoid 
confusion by inserting ``If participants in the sector do not intend to 
harvest the sector's remaining allocation,'' at the beginning of the 
following sentence: ``The designated coop manager, or in the case of an 
inter-coop, all of the designated coop managers must submit a cease 
fishing report to NMFS indicating that harvesting has concluded for the 
year.''
    Similarly, the proposed rule would move the prohibition against 
``Fail[ing] to submit cease fishing reports'' from Sec.  660.12 
(General Prohibitions) to Sec.  660.112 (Trawl Fishery Prohibitions). 
However, cease fishing reports in the trawl rationalization program are 
not mandatory but rather are contingent on a determination by 
participants in the sector that they do not intend to harvest their 
remaining allocations. These prohibitions should be deleted, not moved.
    Response: The commenter is correct that cease fishing reports 
specified at Sec. Sec.  660.150(c)(4)(ii) and 660.160(c)(5) are 
required if and when the participants in the sector collectively 
determine not to conduct any more harvesting activities for the year 
and instruct the designated coop manager accordingly. NMFS is changing 
several sections of the regulations to reflect this. NMFS agrees that 
the commenter's suggested change to cease fishing report requirements 
at Sec. Sec.  660.150(c)(4)(ii) and 660.160(c)(5) would further clarify 
the regulations and is making the change in this final rule. In 
addition, the prohibition that was proposed to be moved from Sec.  
660.12(e)(7) to Sec.  660.112(a)(3)(iv) is being removed from the 
regulations in this final rule. Finally, this final rule clarifies the 
recordkeeping and reporting requirements at Sec.  660.113(c)(4) and 
(d)(4) on cease fishing reports.
    Comment 20: The Mothership Coop Program also references cease 
fishing reports in the subparagraph describing responsibilities of 
mothership vessels participating in the fishery, Sec.  
660.150(b)(1)(ii)(A). This provision is incorrect, as the reference to 
which it cites contains no requirement for the owner and operator of a 
mothership vessel to submit a cease fishing report. ``Cease fishing 
reports'' should be deleted from this provision. Response: The 
commenter is correct that submission of cease fishing reports is not 
the responsibility of the vessel, but rather a responsibility of the 
coop manager. The requirement is being removed from Sec.  
660.150(b)(1)(ii)(A), as well as Sec.  660.160(b)(1)(ii)(A).
    Finally, a comment was submitted to the North Pacific Fishery 
Management Council and the Pacific Council after the close of the 
comment period. The president of Alaskan Observers, Inc., submitted to 
the Pacific Council a copy of a letter dated March 25, 2014, that was 
addressed to the North Pacific Fishery Management Council. The letter 
requested action to revise regulations that require observer providers 
to demonstrate proof of insurance coverage to cover claims under the 
Jones Act, General Maritime Law, and the U.S. Longshore and Harbor 
Worker's Compensation Act. This issue is currently under evaluation by 
NMFS, and to the extent the agency's conclusions may affect the Pacific 
Coast groundfish observer program regulations, NMFS will notify the 
Pacific Council, as appropriate.

Changes From the Proposed Rule

    The term ``person'' is defined at Sec.  660.11 to mean ``any 
individual, corporation, partnership, association or other entity 
(whether or not organized or existing under the laws of any state), and 
any Federal, state, or local government, or any entity of any such 
government that is eligible to own a documented vessel under the terms 
of 46 U.S.C. 12103(b).'' In reviewing the definition for person, it was 
discovered that the cross reference to 46 U.S.C. 12102(a) is incorrect 
and is therefore being revised to 46 U.S.C. 12103(b). In addition, use 
of the term ``anyone'' in the proposed rule regulations was replaced 
with ``any person'' to clarify the regulations because ``person'' is 
defined.
    The definition for observer provider and catch monitor provider 
being added at Sec.  660.11 included the term ``commercial 
enterprise''. Commercial enterprise is an undefined term that is not 
needed because it is already included within the definition of 
``person.'' Therefore, the term commercial enterprise is removed from 
the definition for observer and catch monitor provider.
    As described in the response to comments, the scope of the conflict 
of interest limitations relative to observer and catch monitor 
providers is being revised. Under the new provisions, providers must 
not have a direct financial interest, other than the provision of 
observer, catch monitor or other biological sampling services, in any 
federal or state managed fisheries.
    Inconsistencies between sections of the regulations in the type of 
first aid and cardiopulmonary training that is being required for 
observers during training and to maintain their certification are being 
standardized, as described in the response to comments. Each section 
will refer to a Red Cross or equivalent basic cardiopulmonary 
resuscitation/first aid certification. The following sections were 
modified: Sec. Sec.  660.140(h)(5)(ii)(B)(3), 660.140(h)(6)(vi)(F), 
660.150(j)(4)(ii)(B)(2)(iii), and 660.150(j)(5)(vi)(B)(6).
    Modifications to the physical fitness examinations and requirements 
of the physician statements at Sec. Sec.  660.17(e)(1)(vii)(A), 
660.140(h)(5)(xi)(B), and 660.150(j)(5)(xi)(B)(2) will not be revised 
at this time. Therefore, the language has been removed or changed to 
reflect the current regulations. Physical fitness provisions in all 
observer programs are being reviewed by the National Observer Program. 
Changes will be reconsidered after their National Observer Program 
report on physical fitness provisions is complete.
    As described in the response to comments, the range of exceptions 
for which waivers relative to observer deployment limitations for the 
Shorebased IFQ Program are revised to add an allowance for the Observer 
Program to issue a waiver when it has been predetermined that the 
extended deployment is not likely to result in data delays or otherwise 
impact the overall duties and obligations of the observer.
    At Sec.  660.140(h)(2) on vessel responsibilities, NMFS added a 
cross reference to Sec.  660.140(h)(1)(ii) on observer deployment which 
requires the vessel to be in port within 36 hours of the last haul 
sampled by the observer if an observer is unable to perform their 
duties for any reason.
    The catch monitor and observer providers must report to the 
Observer Program at least four hours prior to the vessel's estimated 
embark time if an observer isn't available. For consistency with the 
original intent of the regulations, the regulatory text at Sec. Sec.  
660.17(f)(5) and 660.140(h)(5)(v) is being amended to reduce the burden 
on

[[Page 22277]]

catch monitor or observer providers for the Shorebased IFQ Program when 
less than four hour notice is given to the provider.
    As described in the response to comments, the minimum annual 
deployment restrictions are being revised for the Shorebased IFQ 
Program and observers on catcher vessels in the mothership sector. NMFS 
believes that observers in certain ports cannot accumulate the required 
number of days to maintain certification, yet they are capable of 
performing their duties. Therefore, the restriction is being reduced 
from 90 days to 45 days, with the Observer Program having discretion to 
consider individuals with less than 45 days on a case-by-case basis.
    The proposed rule required registration information to be submitted 
to the Observer Program Office at least 10 business days prior to the 
beginning of a scheduled catch monitor or observer training or briefing 
session. Consistent with the response to comments, the language is 
being revised to consider late submissions on a case-by-case basis.
    Cease fishing reports for the Mothership Coop Program at Sec.  
660.150(c)(4)(ii) and in the Catcher/processor Coop Program at Sec.  
660.160(c)(5), in the recordkeeping and reporting requirements at Sec.  
660.113(c)(4) and (d)(4), and in Sec. Sec.  660.150(b)(1)(ii)(A) and 
660.160(b)(1)(ii)(A) are being revised to remove regulatory errors 
relative to the requirements for the submission of Mothership and 
Catcher/processor Coop cease fishing reports by coop managers. In 
addition, the prohibition on failure to submit cease fishing reports 
proposed at Sec.  660.112(a)(3)(iv) is removed in the final rule as 
well as the current regulation reference to cease fishing reports at 
Sec.  660.12(e)(7).
    Relative to the work hour limitations for catch monitors at Sec.  
660.140(i)(3), the term 24-hour period is replaced with calendar day. 
Other sections in the regulations in this final rule clarified ``day'' 
by adding ``calendar day.'' The limit on working hours of each 
individual catch monitor will continue to be 14 hours per calendar day; 
however the number of hours for work other than the summary and 
submission of catch monitor data is removed.
    Changes were made to Sec.  660.18(b)(2) on the application process 
to make paragraphs more clear and consistent. Several paragraphs in 
Sec.  660.18(b)(2) were revised to make the following list consistent 
among paragraphs, ``owners, board members, and officers if a 
corporation, authorized agents, and employees.'' Section 660.18(c)(1) 
was also revised to reflect similar language. In the final rule, the 
order of paragraphs (b)(2)(ii) and (iii) in Sec.  660.18 were switched 
to reflect a more logical flow in the application requirements: contact 
information followed by description of management. Section 
660.18(b)(2)(vi) and (vii) from the proposed rule were combined to 
simplify the required applicant statement in the provider permit 
application regarding: conflict of interest, criminal convictions, 
Federal contracts, and previous decertifications. Section 
660.18(b)(2)(vi) was also revised to allow an authorized agent to sign 
under penalty of perjury instead of every owner, board member, officer, 
authorized agent, and employee. This reduces the number of signatures 
required for business entities and the time required to complete the 
application, consistent with the Paperwork Reduction Act.
    Changes from the proposed rule were made to Sec.  660.18(c) on the 
application evaluation to make paragraphs more consistent with Sec.  
660.18(b) on the application process and to make it more clear. Section 
660.18(c)(2) was changed to more accurately reflect Sec.  660.18(b)(2). 
The list of specific criminal convictions was removed from Sec.  
660.18(c)(2) to simplify regulation because any criminal conviction 
could be evaluated whether listed or not. Section 660.18(c)(2) was 
changed by removing the words ``absence of'' and adding the words 
``review of'' to give the review board flexibility in their evaluation 
of applications by reviewing the provided information and statements 
regarding conflict of interest, criminal convictions, Federal 
contracts, and previous decertifications.
    Section 660.18(c)(3) was changed to add to the limitations on the 
conflict of interest for providers regarding not accepting gratuity, 
gift, favor, entertainment, loan, or anything of monetary value. This 
is a standard approach to conflict of interest requirements that 
affected industry members are already familiar with. It is consistent 
with other sections of the Pacific Coast groundfish regulations on 
conflict of interest for observers and catch monitors as well as Alaska 
requirements on conflict of interest at Sec.  679.52(c)(4) on observer 
provider permitting and responsibilities.
    Because the final rule published later than originally planned, 
Sec.  660.18(c)(4) on existing providers changed from the proposed 
rule. In the final rule, existing providers are permitted through 
December 31, 2015, unless there has been a change in ownership. To 
continue to provide services in 2016, existing providers will be 
required to apply for a provider permit through the application process 
at Sec.  660.18(b).
    Section 660.18(d) on agency determinations was changed from the 
proposed rule to clarify the process and more closely align with other 
Pacific coast groundfish permit and licensing processes. The final rule 
language describes the initial administrative determination (IAD) and 
appeals process. This process may change in the future to remove the 
IAD and appeals process and just go straight to final decision because 
these types of permits are discretionary. However, for this new Pacific 
coast groundfish provider permit process, NMFS will use a more 
consistent approach with an IAD and appeal. Similarly, this final rule 
changes Sec.  660.18(f) on expiration of provider permits to describe 
an IAD and appeals process.
    Section 660.18(e) is revised from the proposed rule to add that 
permit holders must reapply annually, similar to the Shorebased IFQ 
Program first receiver site license. This final rule changes Sec.  
660.18(g) on provider permit renewals or re-registrations. It changes 
the date by which NMFS Fisheries Permits Office will annually mail out 
provider permit applications from October 1 to September 15 to align 
with mailing out other groundfish permit renewals, such as limited 
entry and quota share permits. It also changes the date by which those 
applications must be returned to NMFS from November 30 to October 31. 
Section 660.18(g)(3) on information providers must submit before their 
renewal/re-registration is removed. This information on the total 
number of individual catch monitors and observers that attended 
training, attended briefings, and were deployed is already provided to 
NMFS through requirements at Sec. Sec.  660.17, 660.140, 660.150, and 
660.160 and is not necessary to be provided again with the application.
    In order to parallel other regulations for the Pacific coast 
groundfish fishery on non-transferable permits, such as quota share 
permits and first receiver site license, Sec.  660.18(h) was changed 
from the proposed rule. This paragraph now not only reflects that the 
provider permit and endorsement are non-transferable, but it also 
explains that there cannot be changes in ownership. If there is a 
change in ownership of the person (including entities) holding the 
provider permit, the permit is void and they must apply for a new 
provider permit.

Classification

    Pursuant to section 304(b)(1)(A) and 305(d) of the MSA, the NMFS 
has

[[Page 22278]]

determined that this rule is consistent with the Groundfish FMP, the 
Magnuson-Stevens Act, and other applicable law.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    A final regulatory flexibility analysis (FRFA) was prepared and 
incorporates the initial regulatory flexibility analysis (IRFA). A 
summary of the significant issues raised by the public comments in 
response to the IRFA, and NMFS responses to those comments, and a 
summary of the analyses completed to support the action are addressed. 
NMFS also prepared a Regulatory Impact Review (RIR) for this action. A 
copy of the RIR/FRFA is available from NMFS (see ADDRESSES). A summary 
of the FRFA, per the requirements of 5 U.S.C. 604(a) follows:
    The SBA has established size criteria for all major industry 
sectors in the U.S., including fish harvesting and fish processing 
businesses. The size criteria changed between the IRFA and FRFA for 
this action (see 79 FR 33647, effective July 14, 2014). A business 
involved in fish harvesting is a small business if it is independently 
owned and operated and not dominant in its field of operation 
(including its affiliates) and if it has combined annual receipts not 
in excess of $20.5 million (previously $19 million) for all its 
affiliated operations worldwide. For marinas and charter/party boats, a 
small business is one with annual receipts not in excess of $7.5 
million (previously $7 million). For purposes of rulemaking, NMFS is 
also applying the $20.5 million standard to catcher processors (C/Ps) 
because they are involved in the commercial harvest of finfish. A 
seafood processor is a small business if it is independently owned and 
operated, not dominant in its field of operation, and employs 500 or 
fewer persons on a full time, part time, temporary, or other basis, at 
all its affiliated operations worldwide. A wholesale business servicing 
the fishing industry is a small business if it employs 100 or fewer 
persons on a full time, part time, temporary, or other basis, at all 
its affiliated operations worldwide. A small organization is any 
nonprofit enterprise that is independently owned and operated and is 
not dominant in its field. A small governmental jurisdiction is a 
government of cities, counties, towns, townships, villages, school 
districts, or special districts with populations of less than 50,000. 
There are no specific SBA defined size criteria for observer providers. 
The NMFS Alaska Region has employed the $7.0 million in gross annual 
receipts size standard based on SBA standards associated with firms 
engaged in placing technical employees. (See: http://alaskafisheries.noaa.gov/analyses/observer/ririrfa_soc_observer_0209.pdf)
    This rule affects current and future businesses that supply 
observers for monitoring fishing and processing activities on a vessel 
at-sea and catch monitors who observe and document offloads at first 
receiver/processing plants on shore. The rule revises the Pacific coast 
groundfish fishery regulations pertaining to certified catch monitors 
and observers required in the Shorebased IFQ Program, the MS Coop 
Program, the C/P Coop Program, and for processing vessels in the fixed 
gear or open access fisheries. The rule establishes permitting 
requirements for persons interested in providing certified catch 
monitors and observers; updates observer provider and vessels 
responsibilities relative to observer safety; and makes administrative 
changes to the observer and catch monitor programs. The rule is needed 
to allow for the entry of new providers, to ensure observer safety 
provisions are clearly stated and consistent with national observer 
regulations, and to improve program administration.
    No significant issues were raised by the public comments in 
response to the IRFA. Some comments questioned whether public agencies 
(state or municipal), towns, harbor districts, and other similar 
entities could be providers (i.e. small businesses, small 
organizations, small governmental jurisdictions) and how the conflict 
of interest restrictions relate. No changes were made based on these 
comments, but NMFS clarified that these entities are not precluded from 
becoming a provider. Other comments questioned the need for annual 
provider permit renewals, stating that these would be unnecessary and 
burdensome. No changes were made in the final rule, but NMFS clarified 
that the intended purpose of the annual renewal is to verify that the 
management, organization, and ownership structure of a permitted 
provider is unchanged; to update provider contact information; and to 
assure that nothing has changed relative to the conflict of interest 
limitations or criminal convictions. To reduce the burden of the 
renewal process on the provider, NMFS will partially pre-fill renewal 
forms with previous information that was provided. Other comments were 
on minimum advance notice when an observer is unavailable, minimum 
deployment time to maintain valid observer certification, maximum work 
hours for catch monitors, and less advance notice to NMFS of observer 
candidates for training. Based on these comments, NMFS made some 
changes to increase flexibility. For more information, see the 
``Response to Comments'' section of the final rule, specifically 
comments 1, 2, 4, 6, 10, 13, 14, 15, and 17.
    The Pacific coast groundfish fishery currently has permitted five 
observer provider companies: Alaskan Observers, Inc.; NWO, Inc.; 
Saltwater Observers, Inc.; TechSea International; and MRAG Americas, 
Inc. (MRAG). The principal activity of most of these companies has been 
to provide observers for Alaska groundfish fisheries in the North 
Pacific, but they also provide observers for other fisheries such as 
the Pacific coast groundfish fishery. Regulations require observers in 
all sectors and catch monitors at first landings/processing sites. 
Therefore, this rule affects participants in the following: Shorebased 
IFQ Program, Mothership Coop (MS) Program, and Catcher-Processor (C/P) 
Coop Program. Two companies, Alaskan Observers, Inc. and Saltwater 
Observers, Inc are providing observers and monitors for the Shorebased 
IFQ Program. The other sectors may be using the other companies as they 
typically also fish off Alaska. For 2015, there are 147 shoreside 
vessel accounts, 34 mothership-endorsed limited entry permits, 6 
mothership permits, 10 catcher-processor permits, and 43 shorebased 
first receiver site licenses. Taking into account cross participation, 
multiple accounts, and affiliation between entities, NMFS estimates 
that there are fishery-related entities indirectly affected by these 
proposed regulations as they need to acquire observers for their 
vessels and monitors for their shoreside processing plants. Of these 
entities, NMFS estimates that 107 are ``small'' businesses. The rule 
directly affects the five providers currently permitted to operate in 
the fishery. NMFS considers these all small businesses (75 FR 69016, 
November 10, 2010).
    The recordkeeping and reporting requirements for this rule include 
a provider permit application process and a vessel safety checklist. 
For the provider permit application process, new providers will have to 
apply for a provider permit and request to have an observer endorsement 
or a catch monitor endorsement or both. The five existing providers 
currently operating in the fishery, all of which are small businesses, 
will be grandfathered in for the first year. All providers will have to 
reapply annually to continue providing services in future years. Annual 
renewal ensures that the business information is

[[Page 22279]]

current and the permit holder continues to meet the eligibility 
criteria. For the vessel safety checklist, observers must complete the 
vessel safety checklist before their first trip on the vessel and the 
provider must submit the checklist to NMFS Observer Program. The 
provider must also verify that the vessel has a valid USCG Commercial 
Fishing Vessel Safety Decal. Professional skills necessary are basic 
reading and writing skills, as well as an understanding of the required 
information for the application, checklist, and other requirements 
specified in regulation.
    There are no significant alternatives that accomplish the stated 
objectives of applicable statutes and that minimize the impact of the 
rule on small entities. This rule is largely administrative in nature. 
The benefits of these regulations include more understandable and less 
complex regulations and the potential for increased provider companies 
in the fishery. Additional companies may lower costs to fishing vessels 
and processors and alleviate logistical/scheduling issues with 
providing observers and monitors to the various ports.
    While there were no other significant alternatives for NMFS to 
consider, NMFS did take steps to minimize impacts on small entities. To 
minimize operational impacts, existing provider companies will be 
issued a provider permit for the first year without submission of an 
application. Provider permit renewal applications will be pre-filled to 
the extent possible. Also, to reduce complexity and streamline the 
permitting process, a single, combined permit application process for 
catch monitor and observer providers was created. The permit 
application procedures would be similar to those used in the North 
Pacific Groundfish Fishery Observer Program and the Pacific coast 
groundfish catch monitor provider certification process.
    This rule contains a new collection-of-information requirement 
subject to review under the Paperwork Reduction Act (PRA) and which was 
approved under OMB 0648-0619 and 0648-0500. The estimated public 
reporting burden for OMB collection 0648-0619, provider permit 
applications, is an average of 10 hours per response, annual renewal of 
provider permits is estimated to average 2 hours per response, and 
appeals of permits that have been expire after a period of 12 
continuous months during which no observers or catch monitors are 
deployed average four hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection information. NMFS estimates the public reporting burden for 
OMB collection 0648-0500, the submission of vessel safety checklists, 
averages 5 minutes per response. Send comments regarding these burden 
estimates or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by 
email to <a href="/cdn-cgi/l/email-protection#8bc4c2d9cad4d8fee9e6e2f8f8e2e4e5cbe4e6e9a5eee4fba5ece4fd"><span class="__cf_email__" data-cfemail="99d6d0cbd8c6caecfbf4f0eaeaf0f6f7d9f6f4fbb7fcf6e9b7fef6ef">[email protected]</span></a>, or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to 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.
    Pursuant to Executive Order 13175, this rule was developed after 
meaningful collaboration with tribal officials from the area covered by 
the Groundfish FMP. Under the Magnuson-Stevens Act at 16 U.S.C. 
1852(b)(5), one of the voting members of the Pacific Council must be a 
representative of an Indian tribe with federally recognized fishing 
rights from the area of the Council's jurisdiction. The regulations do 
not require the tribes to change from their current practices.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: April 13, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons stated in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.

0
2. In Sec.  660.11:
0
a. Add definitions, in alphabetical order, for ``Catch Monitor Program 
or Catch Monitor Program Office'', ``Catch monitor provider'' and 
``Observer provider''.
0
b. Revise the definitions for ``Observer Program or Observer Program 
Office'', ``Person'' and ``Sustainable Fisheries Division or SFD''.
    The additions and revisions read as follows:


Sec.  660.11  General definitions.

* * * * *
    Catch Monitor Program or Catch Monitor Program Office means the 
Catch Monitor Program Office of the West Coast Region, National Marine 
Fisheries Service.
    Catch monitor provider means any person that is granted a permit by 
NMFS to provide certified catch monitors as required in Sec.  660.140.
* * * * *
    Observer Program or Observer Program Office means the Observer 
Program Office of the Northwest Fisheries Science Center, National 
Marine Fisheries Service, Seattle, Washington. Branch offices within 
the Observer Program include the West Coast Groundfish Observer Program 
and the At-sea Hake Observer Program.
    Observer provider means any person that is granted a permit by NMFS 
to provide certified observers as required at Sec. Sec.  660.140, 
660.150, 660.160, 660.216 or 660.316.
* * * * *
    Person, as it applies to limited entry and open access fisheries 
conducted under, subparts C through F of this part means any 
individual, corporation, partnership, association or other entity 
(whether or not organized or existing under the laws of any state), and 
any Federal, state, or local government, or any entity of any such 
government that is eligible to own a documented vessel under the terms 
of 46 U.S.C. 12103(b).
* * * * *
    Sustainable Fisheries Division or SFD means the Assistant Regional 
Administrator of the Sustainable Fisheries Division, West Coast Region, 
NMFS, or a designee.
* * * * *

0
3. In Sec.  660.12, revise paragraphs (e)(6) through (9) to read as 
follows:


Sec.  660.12  General groundfish prohibitions.

* * * * *
    (e) * * *
    (6) Fish when a vessel is required to carry an observer under 
subparts C through G of this part if:
    (i) The vessel is inadequate for observer deployment as specified 
at Sec.  600.746 of this chapter;
    (ii) The vessel does not maintain safe conditions for an observer 
as specified at Sec. Sec.  660.140(h), 660.150(j), or 660.160(g); or
    (iii) NMFS, the observer provider, or the observer determines the 
vessel is inadequate or unsafe pursuant to vessel responsibilities to 
maintain safe conditions as specified at Sec. Sec.  660.140(h), 
660.150(j), or 660.160(g).
    (7) Require, pressure, coerce, or threaten an observer to perform 
duties normally performed by crew members,

[[Page 22280]]

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.
    (8) Fail to meet the vessel responsibilities and observer coverage 
requirements specified at Sec. Sec.  660.140(h), 660.150(j), 
660.160(g), 660.216, or 660.316,
    (9) Fail to meet the observer provider responsibilities specified 
at Sec. Sec.  660.140(h), 660.150(j), 660.160(g), 660.216 or 660.316.
* * * * *

0
4. In Sec.  660.16, revise paragraph (a) and the table in paragraph 
(c), and add paragraphs (d) and (e) to read as follows:


Sec.  660.16  Groundfish observer program.

    (a) General. Vessel owners, operators, and managers are jointly and 
severally responsible for their vessel's compliance with observer 
requirements specified in this section and within Sec. Sec.  660.140, 
660.150, 660.160, 660.216, or 660.316.
* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
   West coast groundfish fishery               Regulation section              Observer program branch office
----------------------------------------------------------------------------------------------------------------
(1) Shorebased IFQ Program--Trawl    Sec.   660.140(h)....................  West Coast Groundfish.
 Fishery.
(2) MS Coop Program--Whiting At-sea  Sec.   660.150(j)....................
 Trawl Fishery.
    (i) Motherships................                                         At-sea Hake.
    (ii) Catcher Vessels...........                                         West Coast Groundfish.
(3) C/P Coop Program--Whiting At-    Sec.   660.160(g)....................  At-sea Hake.
 sea Trawl Fishery.
(4) Fixed Gear Fisheries...........  Sec.   660.216.......................
    (i) Harvester vessels..........                                         West Coast Groundfish.
    (ii) Processing vessels........                                         West Coast Groundfish.
(5) Open Access Fisheries..........  Sec.   660.316.......................
    (i) Harvester vessels..........                                         West Coast Groundfish.
    (ii) Processing vessels........                                         West Coast Groundfish.
----------------------------------------------------------------------------------------------------------------

    (d) Observer certifications and responsibilities. For the 
Shorebased IFQ Program see Sec.  660.140(h), for the MS Coop Program 
see Sec.  660.150(j), and, for the C/P Coop Program see Sec.  
660.160(g).
    (e) Application process to become an observer provider. See Sec.  
660.18.

0
5. In Sec.  660.17:
0
a. Revise the section heading;
0
b. Remove paragraphs (b) and (d);
0
c. Redesignate paragraphs (a), (c), and (e) as (d), (e), and (f) 
respectively.
0
d. Revise newly redesignated paragraphs (d), (e), (f)(1)(vii), (f)(2), 
(f)(4) through (6), (f)(8)(i)(B), (C), and (F), (f)(9)(ii), (f)(11) 
through (13); and
0
e. Add paragraphs (a) through (c), and (g).
    The revisions and additions read as follows.


Sec.  660.17  Catch monitor program.

    (a) General. The first receiver site license holder, the first 
receiver site license authorized representative, facility operators and 
managers are jointly and severally responsible for the first receiver 
being in compliance with catch monitor requirements specified in this 
section and at Sec.  660.140 (i).
    (b) Purpose. The purpose of the Catch Monitor Program is to, among 
other related matters, confirm that the IFQ landings are accurately 
sorted, weighed and reported on electronic fish tickets.
    (c) Catch monitor coverage requirements. Catch monitor coverage 
requirements for the Shorebased IFQ Program are specified at Sec.  
660.140(i).
    (d) Catch monitor certification and responsibilities. Catch monitor 
certification authorizes an individual to fulfill duties as specified 
by NMFS while under the employ of a catch monitor provider.
    (1) Catch monitor training certification. A training certification 
signifies the successful completion of the training course required to 
obtain catch monitor certification. This certification expires when the 
catch monitor has not been deployed and performed sampling duties as 
required by the Catch Monitor Program Office for a period of time, 
specified by the Catch Monitor Program, after his or her most recent 
debriefing. The certification is renewed by successful completion of 
the training course.
    (2) Catch Monitor Program annual briefing. Each catch monitor must 
attend a briefing prior to his or her first deployment within any 
calendar year subsequent to a year in which a training certification is 
obtained. To maintain a certification, a catch monitor must 
successfully complete any required briefing specified by the Catch 
Monitor Program. All briefing attendance, performance, and conduct 
standards required by the Catch Monitor Program must be met prior to 
any deployment.
    (3) Catch monitor certification requirements. NMFS may certify 
individuals who:
    (i) Are employed by a catch monitor provider at the time of the 
issuance of the certification and qualified, as described at paragraph 
(f)(1)(i) through (viii) of this section and have provided proof of 
qualifications to NMFS, through the catch monitor provider.
    (ii) Have successfully completed catch monitor certification 
training.
    (A) Successful completion of training by an applicant consists of 
meeting all attendance and conduct standards; meeting all performance 
standards for assignments, tests, and other evaluation tools; and 
completing all other training requirements established by the Catch 
Monitor Program.
    (B) If a candidate fails training, he or she will be notified in 
writing on or before the last day of training. The notification will 
indicate: The reasons the candidate failed the training; whether the 
candidate can retake the training, and under what conditions.
    (iii) Have not been decertified as an observer or catch monitor 
under provisions in Sec. Sec.  660.17(g), and 660.140(h)(6), 
660.150(j)(5), 660.160(g)(5) or 679.53(c) of this chapter.
    (4) Maintaining the validity of a catch monitor certification. 
After initial issuance, a catch monitor must keep their certification 
valid by meeting all of the following requirements specified below:
    (i) Successfully perform their assigned duties as described in the 
Catch Monitor Manual or other written instructions from the Catch 
Monitor Program.
    (ii) Accurately record their data, write complete reports, and 
report accurately any observations of suspected violations of 
regulations relevant to conservation of marine resources or their 
environment.
    (iii) Consistent with NOAA data confidentiality guidance, not 
disclose data and observations made on board a vessel to any person 
except the owner or operator of the observed vessel, an authorized 
state or OLE officer, NMFS or the Catch Monitor Program; and, not 
disclose data and observations made at

[[Page 22281]]

a first receiver to any person other than the first receiver site 
license holder, the first receiver site license authorized 
representative, facility operators and managers an authorized state or 
OLE officer, NMFS or the Catch Monitor Program.
    (iv) Successfully complete any required briefings as prescribed by 
the Catch Monitor Program.
    (v) Successful completion of a briefing by a catch monitor consists 
of meeting all attendance and conduct standards issued in writing at 
the start of training; meeting all performance standards issued in 
writing at the start of training for assignments, tests, and other 
evaluation tools; and completing all other briefing requirements 
established by the Catch Monitor Program.
    (vi) Successfully meet all debriefing expectations including catch 
monitor performance standards and reporting for assigned debriefings.
    (vii) Submit all data and information required by the Catch Monitor 
Program within the program's stated guidelines.
    (viii) Have been deployed as a catch monitor within the 12 months 
prior to any required briefing, unless otherwise authorized by the 
Catch Monitor Program.
    (e) Catch monitor standards of behavior. Catch monitors must do the 
following:
    (1) Perform authorized duties as described in training and 
instructional manuals or other written and oral instructions provided 
by the Catch Monitor Program.
    (2) Accurately record and submit the required data, which includes 
fish species composition, identification, sorting, and weighing 
information.
    (3) Write complete reports, and report accurately any observations 
of suspected violations of regulations.
    (4) Returns phone calls, emails, text messages, or other forms of 
communication within the time specified by the Catch Monitor Program.
    (5) Not disclose data and observations made on board a vessel to 
any person except the owner or operator of the observed vessel, an 
authorized officer, NMFS or the Catch Monitor Program; and not disclose 
data and observations made at a first receiver to any person other than 
the first receiver site license holder, the first receiver site license 
authorized representative, facility operators and managers an 
authorized officer, NMFS or the Catch Monitor Program.
    (f) * * *
    (1) * * *
    (vii) Have had health and physical fitness exams and been found to 
be fit for the job duties and work conditions;
    (A) Physical fitness exams shall be conducted by a medical doctor 
who has been provided with a description of the job duties and work 
conditions and who provides a written conclusion regarding the 
candidate's fitness relative to the required duties and work 
conditions. A signed and dated statement from a licensed physician that 
he or she has physically examined a catch monitor or catch monitor 
candidate. The statement must confirm that, based on that physical 
examination, the catch monitor or catch monitor candidate does not have 
any health problems or conditions that would jeopardize that 
individual's safety or the safety of others while deployed, or prevent 
the catch monitor or catch monitor candidate from performing his or her 
duties satisfactorily. The physician's statement must be submitted to 
the Catch Monitor Program office prior to certification of a catch 
monitor. The physical exam must have occurred during the 12 months 
prior to the catch monitor's or catch monitor candidate's deployment. 
The physician's statement expires 12 months after the physical exam 
occurred and a new physical exam must be performed, and accompanying 
statement submitted, prior to any deployment occurring after the 
expiration of the statement.
    (B) Copies of ``certificates of insurance,'' that names the Catch 
Monitor Program Coordinator as the ``certificate holder,'' shall be 
submitted to the Catch Monitor Program Office by February 1 of each 
year. The certificates of insurance shall verify the following coverage 
provisions and state that the insurance company will notify the 
certificate holder if insurance coverage is changed or canceled.
    (1) Coverage under the U.S. Longshore and Harbor Workers' 
Compensation Act ($1 million minimum).
    (2) States Worker's Compensation as required.
    (3) Commercial General Liability.
* * * * *
    (2) Catch monitor conduct and behavior. A catch monitor provider 
must develop and maintain a policy addressing conduct and behavior for 
their employees that serve as catch monitors.
    (i) The policy shall address the following behavior and conduct 
regarding:
    (A) Catch monitor use of alcohol;
    (B) Catch monitor, possession, or distribution of illegal drugs; 
and
    (C) Sexual contact with personnel off the vessels or processing 
facility to which the catch monitor is assigned, or with any vessel or 
processing plant personnel who may be substantially affected by the 
performance or non-performance of the catch monitor's official duties.
    (ii) A catch monitor provider shall provide a copy of its conduct 
and behavior policy to each observer candidate and to the Catch Monitor 
Program by February 1 of each year.
* * * * *
    (4) Catch monitors provided to a first receiver. (i) Must have a 
valid catch monitor certification;
    (ii) Must not have informed the catch monitor provider prior to the 
time of assignment that he or she is experiencing a mental illness or a 
physical ailment or injury developed since submission of the 
physician's statement, as required in paragraph (f)(1)(vii)(A) of this 
section that would prevent him or her from performing his or her 
assigned duties; and
    (iii) Must have successfully completed all Catch Monitor Program 
required training and briefing before assignment.
    (5) Respond to industry requests for catch monitors. A catch 
monitor provider must provide a catch monitor for assignment pursuant 
to the terms of the contractual relationship with the first receiver to 
fulfill first receiver requirements for catch monitor coverage under 
Sec.  660.140(i)(1). An alternate catch monitor must be supplied in 
each case where injury or illness prevents the catch monitor from 
performing his or her duties or where the catch monitor resigns prior 
to completion of his or her duties. If the catch monitor provider is 
unable to respond to an industry request for catch monitor coverage 
from a first receiver for whom the catch monitor provider is in a 
contractual relationship due to the lack of available catch monitors, 
the catch monitor provider must report it to NMFS at least four hours 
prior to the expected assignment time, unless the first receiver 
provides less than four hour notice to the provider, in which case the 
provider is to notify the Catch Monitor Program as soon as practical 
after the situation arises.
    (6) Ensure that catch monitors complete duties in a timely manner. 
Catch monitor providers must ensure that catch monitors employed by 
that catch monitor provider do the following in a complete and timely 
manner:
    (i) Submit to NMFS all data, logbooks and reports as required under 
the Catch Monitor Program deadlines.
    (ii) Report for his or her scheduled debriefing and complete all 
debriefing responsibilities.
* * * * *
    (8) * * *

[[Page 22282]]

    (i) * * *
    (B) Has Internet access for Catch Monitor Program communications 
and data submission;
    (C) Remains available to OLE and the Catch Monitor Program until 
the completion of the catch monitors' debriefing.
* * * * *
    (F) While under contract with a catch monitor provider, each catch 
monitor shall be provided with accommodations in accordance with the 
contract between the catch monitor and the catch monitor provider. If 
the catch monitor provider is responsible for providing accommodations 
under the contract with the catch monitor, the accommodations must be 
at a licensed hotel, motel, bed and breakfast, or other accommodations 
that have an assigned bed for each catch monitor that no other person 
may be assigned to for the duration of that catch monitor's stay.
* * * * *
    (9) * * *
    (ii) Not exceed catch monitor assignment limitations and workload 
as outlined in Sec.  660.140(i)(3)(ii).
* * * * *
    (11) Maintain communications with the Catch Monitor Program office. 
A catch monitor provider must provide all of the following information 
by electronic transmission (email), fax, or other method specified by 
NMFS.
    (i) Catch monitor training, briefing, and debriefing registration 
materials. This information must be submitted to the Catch Monitor 
Program at least 10 business days prior to the beginning of a scheduled 
catch monitor certification training or briefing session. Submissions 
received less than 10 business days prior to the beginning of a 
scheduled catch monitor certification training or briefing session will 
be approved by the Catch Monitor Program on a case-by-case basis.
    (A) Training registration materials consist of the following:
    (1) Date of requested training;
    (2) A list of catch monitor candidates that includes each 
candidate's full name (i.e., first, middle and last names), date of 
birth, and gender;
    (3) A copy of each candidate's academic transcripts and resume;
    (4) A statement signed by the candidate under penalty of perjury 
which discloses the candidate's criminal convictions;
    (B) Briefing registration materials consist of the following:
    (1) Date and type of requested briefing session;
    (2) List of catch monitors to attend the briefing session, that 
includes each catch monitor's full name (first, middle, and last 
names);
    (C) The Catch Monitor Program will notify the catch monitor 
provider which catch monitors require debriefing and the specific time 
period the catch monitor provider has to schedule a date, time, and 
location for debriefing. The catch monitor provider must contact the 
Catch Monitor Program within 5 business days by telephone to schedule 
debriefings.
    (1) Catch monitor providers must immediately notify the Catch 
Monitor Program when catch monitors end their contract earlier than 
anticipated.
(2) [Reserved]
    (ii) Catch monitor provider contracts. If requested, catch monitor 
providers must submit to the Catch Monitor Program a completed and 
unaltered copy of each type of signed and valid contract (including all 
attachments, appendices, addendums, and exhibits incorporated into the 
contract) between the catch monitor provider and those entities 
requiring catch monitor services under Sec.  660.140(i)(1). Catch 
monitor providers must also submit to the Catch Monitor Program upon 
request, a completed and unaltered copy of the current or most recent 
signed and valid contract (including all attachments, appendices, 
addendums, and exhibits incorporated into the contract and any 
agreements or policies with regard to catch monitor compensation or 
salary levels) between the catch monitor provider and the particular 
entity identified by the Catch Monitor Program or with specific catch 
monitors. The copies must be submitted to the Catch Monitor Program via 
email, fax, or mail within 5 business days of the request. Signed and 
valid contracts include the contracts a catch monitor provider has 
with:
    (A) First receivers required to have catch monitor coverage as 
specified at paragraph Sec.  660.140(i)(1); and
    (B) Catch monitors.
    (iii) Change in catch monitor provider management and contact 
information. A catch monitor provider must submit to the Catch Monitor 
Program any change of management or contact information as required at 
Sec.  660.18(h).
    (iv) Catch monitor status report. Each Tuesday, catch monitor 
providers must provide the Catch Monitor Program with an updated list 
of deployments per Catch Monitor Program protocol. Deployment 
information includes provider name, catch monitor last name, catch 
monitor first name, trip start date, trip end date, status of catch 
monitor, vessel name and vessel identification number, date monitored 
offload, and first receiver assignment.
    (v) Informational materials. Catch monitor providers must submit to 
NMFS, if requested, copies of any information developed and used by the 
catch monitor providers and distributed to first receivers, including, 
but not limited to, informational pamphlets, payment notification, and 
description of catch monitor duties.
    (vi) Other reports. Reports of the following must be submitted in 
writing to the Catch Monitor Program by the catch monitor provider via 
fax or email address designated by the Catch Monitor Program within 24 
hours after the catch monitor provider becomes aware of the 
information:
    (A) Any information regarding possible catch monitor harassment;
    (B) Any information regarding any action prohibited under Sec.  
660.12(f);
    (C) Any catch monitor illness or injury that prevents the catch 
monitor from completing any of his or her duties described in the catch 
monitor manual; and
    (D) Any information, allegations or reports regarding catch monitor 
conflict of interest or breach of the standards of behavior described 
in catch monitor provider policy.
    (12) Replace lost or damaged gear. Lost or damaged gear issued to a 
catch monitor by NMFS must be replaced by the catch monitor provider. 
All replacements must be provided to NMFS and be in accordance with 
requirements and procedures identified in writing by the Catch Monitor 
Program.
    (13) Confidentiality of information. A catch monitor provider must 
ensure that all records on individual catch monitor performance 
received from NMFS under the routine use provision of the Privacy Act 5 
U.S.C. 552a or as otherwise required by law remain confidential and are 
not further released to any person outside the employ of the catch 
monitor provider company to whom the catch monitor was contracted 
except with written permission of the catch monitor.
    (g) Certification and decertification procedures for catch 
monitors.
    (1) Catch monitor certification official. The Regional 
Administrator (or a designee) will designate a NMFS catch monitor 
certification official who will make decisions on whether to issue or 
deny catch monitor certification.
    (2) Agency determinations on catch monitor certifications--(i) 
Issuance of certifications. Certification may be issued upon 
determination by the catch monitor certification official that the 
candidate has successfully met all

[[Page 22283]]

requirements for certification as specified in Sec.  660.17(d).
    (ii) Denial of a certification. The catch monitor certification 
official will issue a written determination identifying the reasons for 
denial of a certification.
    (3) Limitations on conflict of interest for catch monitors. (i) 
Catch monitors must not have a direct financial interest, other than 
the provision of observer or catch monitor services, in a North Pacific 
fishery managed pursuant to an FMP for the waters off the coast of 
Alaska, Alaska state waters, or in a Pacific Coast fishery managed by 
either the state or Federal Governments in waters off Washington, 
Oregon, or California, including but not limited to:
    (A) Any ownership, mortgage holder, or other secured interest in a 
vessel, first receiver, shorebased or floating stationary processor 
facility involved in the catching, taking, harvesting or processing of 
fish;
    (B) Any business involved with selling supplies or services to any 
vessel, first receiver, shorebased or floating stationary processing 
facility; or
    (C) Any business involved with purchasing raw or processed products 
from any vessel, first receiver, shorebased or floating stationary 
processing facilities.
    (ii) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from any person who either conducts activities that are regulated 
by NMFS or has interests that may be substantially affected by the 
performance or nonperformance of the catch monitor's official duties.
    (iii) May not serve as a catch monitor at any shoreside or floating 
stationary processing facility owned or operated where a person was 
previously employed in the last two years.
    (iv) May not solicit or accept employment as a crew member or an 
employee of a vessel, or shoreside processor while employed by a catch 
monitor provider.
    (v) Provisions for remuneration of catch monitors under this 
section do not constitute a conflict of interest.
    (4) Catch monitor decertification--(i) Catch monitor 
decertification review official. The Regional Administrator (or a 
designee) will designate a catch monitor decertification review 
official(s), who will have the authority to review certifications and 
issue IADs of decertification.
    (ii) Causes for decertification. The catch monitor decertification 
official may initiate decertification proceedings when it is alleged 
that any of the following acts or omissions have been committed:
    (A) Failed to satisfactorily perform the specified duties and 
responsibilities;
    (B) Failed to abide by the specified standards of conduct;
    (C) Upon conviction of a crime or upon entry of a civil judgment 
for:
    (1) Commission of fraud or other violation in connection with 
obtaining or attempting to obtain certification, or in performing the 
duties and responsibilities specified in this section;
    (2) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, or 
receiving stolen property;
    (3) Commission of any other offense indicating a lack of integrity 
or honesty that seriously and directly affects the fitness of catch 
monitors.
    (iii) Issuance of IAD. Upon determination that decertification is 
warranted, the catch monitor decertification official will issue a 
written IAD. The IAD will identify the specific reasons for the action 
taken. Decertification is effective 30 calendar days after the date on 
the IAD, unless there is an appeal.
    (iv) Appeals. A certified catch monitor who receives an IAD that 
suspends or revokes his or her catch monitor certification may appeal 
the determination within 30 calendar days after the date on the IAD to 
the Office of Administrative Appeals pursuant to Sec.  660.19.

0
6. Revise Sec.  660.18 to read as follows:


Sec.  660.18  Observer and catch monitor provider permits and 
endorsements.

    (a) Provider permits. Persons seeking to provide observer or catch 
monitor services must obtain a provider permit from NMFS before 
providing certified catch monitors or certified observers for the 
Shorebased IFQ Program, the MS Coop Program, the C/P Coop Program, or 
for processing vessels in the fixed gear or open access fisheries. 
There are two types of endorsements for provider permits, an observer 
endorsement and a catch monitor endorsement. Provider permits must have 
at least one endorsement and it must be appropriate for the services 
being provided. Provider permits are obtained through an application 
process and must be renewed annually to remain valid in the following 
year. A provider permit and associated endorsements expire if not 
renewed or if services have not been provided for 12 consecutive 
months.
    (b) Application process to become an observer or catch monitor 
provider--(1) New provider applications. An applicant seeking a 
provider permit may submit an application at any time during the 
calendar year. Any provider permit issued during a given year will 
expire on December 31. Application forms must be submitted by mail to 
the West Coast Region Fisheries Permits Office, 7600 Sand Point Way 
NE., Bldg 1, Seattle, WA 98115. Only complete applications will be 
considered for approval by the review board.
    (2) Contents of provider application. A complete application for a 
provider permit shall contain the following:
    (i) An indication of which endorsement the applicant is seeking: 
observer provider, catch monitor provider, or both endorsements. A 
single application may be used to apply for both endorsements.
    (ii) Applicant contact information.
    (A) Legal name of applicant organization. If the applicant 
organization is United States business entity, include the state 
registration number.
    (B) The primary business mailing address, phone and fax numbers 
where the owner(s) can be contacted for official correspondence.
    (iii) Description of the management, organizational structure, and 
ownership structure of the applicant's business, including 
identification by name and general function of all controlling 
management interests in the company, including but not limited to 
owners, board members, officers, authorized agents, and employees. List 
all office locations and their business mailing address, business 
phone, fax number, and email addresses. If the applicant is a 
corporation, the articles of incorporation must be provided. If the 
applicant is a partnership, the partnership agreement must be provided.
    (iv) A narrative statement describing relevant direct or indirect 
prior experience or qualifications the applicant may have that would 
enable them to be a successful provider.
    (A) For applicants seeking an observer provider endorsement, the 
applicant should describe experience in placing individuals in remote 
field and/or marine work environments. This includes, but is not 
limited to, recruiting, hiring, deployment, and personnel 
administration.
    (B) For applicants seeking a catch monitor provider endorsement, a 
narrative statement should identify prior relevant experience in 
recruiting, hiring, deploying, and providing support for individuals in 
marine work environments in the groundfish fishery or other fisheries 
of similar scale.
    (v) A narrative description of the applicant's ability to carry out 
the required responsibilities and duties as described at Sec. Sec.  
660.140(h), 660.150(j), and 660.160(g) for observer providers

[[Page 22284]]

and/or Sec.  660.17(f) for catch monitor providers.
    (vi) A statement signed under penalty of perjury by an authorized 
agent of the applicant about each owner, or owners, board members, and 
officers if a corporation, authorized agents, and employees, regarding:
    (A) Conflict of interest as described in Sec.  660.18 (c)(3),
    (B) Criminal convictions,
    (C) Federal contracts they have had and the performance rating they 
received on the contract, and
    (D) Previous decertification action while working as an observer, 
catch monitor, observer provider, or catch monitor provider.
    (vii) NMFS may request additional information or clarification from 
the applicants.
    (c) Application evaluation. Complete applications will be forwarded 
to Observer Program and/or the Catch Monitor Program for review and 
evaluation.
    (1) A provider permit application review board will be established 
and be comprised of at least three members. The review board will 
evaluate applications submitted under paragraph (a) of this section. If 
the applicant is an entity, the review board also will evaluate the 
application criteria for each owner, board member, officer, authorized 
agent, and employee.
    (2) The provider permit application will, at a minimum, be 
evaluated on the following criteria:
    (i) The applicant's ability to carry out the responsibilities and 
relevant experience and qualifications.
    (ii) Review of any conflict of interest as described in Sec.  
660.18(c)(3).
    (iii) Review of any criminal convictions.
    (iv) Satisfactory performance ratings on any Federal contracts held 
by the applicant.
    (v) Review of any history of decertification as an observer, catch 
monitor, observer provider, or catch monitor provider.
    (3) Limitations on conflict of interest for providers. (i) 
Providers must not have a direct financial interest, other than the 
provision of observer, catch monitor or other biological sampling 
services, in any federal or state managed fisheries, including but not 
limited to:
    (A) Any ownership, mortgage holder, or other secured interest in a 
vessel, first receiver, shorebased or floating stationary processor 
facility involved in the catching, taking, harvesting or processing of 
fish;
    (B) Any business involved with selling supplies or services to any 
vessel, first receiver, shorebased or floating stationary processing 
facility; or
    (C) Any business involved with purchasing raw or processed products 
from any vessel, first receiver, shorebased or floating stationary 
processing facilities.
    (ii) Providers must not solicit or accept, directly or indirectly, 
any gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from any person who conducts fishing or fish processing 
activities that are regulated by NMFS, or who has interests that may be 
substantially affected by the performance or nonperformance of the 
official duties of the provider.
    (4) Existing providers. Businesses that provided observers and/or 
catch monitors in the 12 months prior to May 21, 2015 will be issued a 
provider permit without submission of an application. This permit will 
be effective through December 31, 2015.
    (i) Providers who deployed catch monitors in the Shorebased IFQ 
Program in the 12 months prior to May 21, 2015 will be issued a 
provider permit with a catch monitor provider endorsement effective 
through December 31, 2015, except that a change in ownership of an 
existing catch monitor provider after January 1, 2015, requires a new 
permit application under this section.
    (ii) Providers who deployed certified observers in the Pacific 
Coast groundfish fishery in the 12 months prior to May 21, 2015 will be 
issued a provider permit with an observer provider endorsement 
effective through December 31, 2015, except that a change in ownership 
of an existing observer provider after January 1, 2015, requires a new 
permit application under this section.
    (iii) To receive a provider permit for 2016 and beyond, the 
existing providers must follow the provider permit renewal process set 
forth in this section.
    (d) Agency determination on an application.
    (1) Initial administrative determination. For all complete 
applications, NMFS will issue an IAD that either approves or 
disapproves the application. If approved, the IAD will be the provider 
permit and any associated endorsements. If disapproved, the IAD will 
provide the reasons for this determination. If the applicant does not 
appeal the IAD within 30 calendar days, the IAD becomes the final 
decision of the Regional Administrator acting on behalf of the 
Secretary of Commerce.
    (2) Appeal. The applicant may appeal the IAD consistent with the 
observer, catch monitor, and provider appeals process defined at Sec.  
660.19.
    (e) Effective dates. The provider permit will be valid from the 
effective date identified on the permit until the permit expiration 
date of December 31. Provider permit holders must reapply annually by 
following the application process specified in paragraph (b) of this 
section.
    (f) Expiration of the provider permit--(1) Expiration due to 
inactivity. After a period of 12 continuous months during which no 
observers or catch monitors are deployed by the provider in the Pacific 
coast groundfish fishery, NMFS will issue an IAD describing the intent 
to expire the provider permit or to remove the appropriate 
endorsement(s) and the timeline to do so. A provider that receives an 
IAD may appeal under Sec.  660.19. The provider permit and endorsements 
will remain valid until a final agency decision is made or until 
December 31, whichever is earlier.
    (2) Expiration due to failure to renew. Failure to renew annually 
will result in expiration of the provider permit and endorsements on 
December 31.
    (3) Obtaining a new permit or endorsement following an expiration 
or voided permit. A person holding an expired or void permit or 
endorsement may reapply for a new provider permit or endorsement at any 
time consistent with Sec.  660.18(b).
    (g) Provider permit renewal process. To maintain a valid provider 
permit, provider permit holders must reapply annually prior to the 
permit expiration date.
    (1) NMFS will mail a provider permit application form to existing 
permit holders on or about September 15 each year.
    (2) Providers who want to have their permits effective for January 
1 of the following calendar year must submit their complete application 
form to NMFS by October 31. If a provider fails to renew the provider 
permit, the provider permit and endorsements will expire on December 
31.
    (h) Change of provider permit ownership and transfer restrictions. 
Neither a provider permit nor the endorsements are transferable. 
Ownership of a provider permit cannot be registered to another 
individual or entity. The provider permit owner cannot change, 
substitute, or add individuals or entities as owners of the permit 
(i.e., cannot change the legal name of the permit owner(s) as given on 
the permit). Any change in ownership of the provider permit requires 
the new owner(s) to apply for a provider permit, and is subject to 
approval by NMFS.
    (i) Provider permit sanctions. Procedures governing sanctions of 
permits are found at subpart D of 15 CFR part 904.

[[Page 22285]]

    (j) Permit fees. The Regional Administrator may charge fees to 
cover administrative expenses related to issuance of permits including 
initial issuance, renewal replacement, and appeals.
0
7. Add Sec.  660.19 to read as follows:


Sec.  660.19  Appeals process for catch monitors, observers, and 
provider permits.

    (a) Allowed appeals. This section describes the procedure for 
appealing IADs described at Sec. Sec.  660.17(g), 660.18(d) and (f), 
660.140(h), 660.150(j), and 660.160(g) for catch monitor 
decertification, observer decertification and provider permit 
expirations due to inactivity. Any person whose interest is directly 
and adversely affected by an IAD may file a written appeal. For 
purposes of this section, such person will be referred to as the 
``applicant.''
    (b) Appeals process. In cases where the applicant disagrees with 
the IAD, the applicant may appeal that decision. Final decisions on 
appeals of IADs will be made in writing by the Regional Administrator 
or designee acting on behalf of the Secretary of Commerce and will 
state the reasons therefore.
    (1) Submission of appeals. (i) The appeal must be in writing and 
comply with this paragraph.
    (ii) Appeals must be mailed or faxed to: National Marine Fisheries 
Service, West Coast Region, Sustainable Fisheries Division, ATTN: 
Appeals, 7600 Sand Point Way NE., Seattle, WA 98115; Fax: 206-526-6426; 
or delivered to National Marine Fisheries Service at the same address.
    (2) Timing of appeals. The appeal must be filed within 30 calendar 
days after the IAD is issued. The IAD becomes the final decision of the 
Regional Administrator or designee acting on behalf of the Secretary of 
Commerce if no appeal is filed within 30 calendar days. The time period 
to submit an appeal begins with the date on the IAD. If the last day of 
the time period is a Saturday, Sunday, or Federal holiday, the time 
period will extend to the close of business on the next business day.
    (3) Address of record. The address used by the applicant in initial 
correspondence to NMFS concerning the application will be the address 
used by NMFS for the appeal. Notifications and correspondence 
associated with all actions affecting the applicant will be mailed to 
the address of record unless the applicant provides NMFS, in writing, 
an address change. NMFS bears no responsibility if NMFS sends a 
notification or correspondence to the address of record and it is not 
received because the applicant's actual address has changed without 
notification to NMFS.
    (4) Statement of reasons for appeals. Applicants must submit a full 
written statement in support of the appeal, including a concise 
statement of the reasons the IAD determination has a direct and adverse 
effect on the applicant and should be reversed or modified. The 
appellate officer will limit his/her review to the issues stated in the 
appeal; all issues not set out in the appeal will be waived.
    (5) Decisions on appeals. The Regional Administrator or designee 
will issue a final written decision on the appeal which is the final 
decision of the Secretary of Commerce.

0
8. In Sec.  660.60, revise paragraph (c)(1)(iv) to read as follows:


Sec.  660.60  Specifications and management measures.

* * * * *
    (c) * * *
    (1) * * *
    (iv) List of IFQ species documented on Observer Program reporting 
form. As specified at Sec.  660.140(h)(1)(i), to be exempt from 
observer coverage while docked in port depends on documentation of 
specified retained IFQ species on the Observer Program reporting form. 
The list of IFQ species documented on the Observer Program form may be 
modified on a biennial or more frequent basis under routine management 
measures Sec.  660.60(c)(1).
* * * * *

0
9. In Sec.  660.112:
0
a. Revise paragraph (a)(4);
0
b. Remove paragraph (b)(1)(xiii).
0
c. Redesignate paragraphs (b)(1)(xiv), (b)(1)(xv), (b)(1)(xvi), and 
(b)(1)(xvii) as (b)(1)(xiii), (b)(1)(xiv), (b)(1)(xv), and (b)(1)(xvi), 
respectively, and revise newly redesignated paragraphs (b)(1)(xiii) and 
(b)(1)(xiv); and
0
d. Revise paragraphs (d)(12), (d)(14) and (d)(15).
    The revisions read as follows:


Sec.  660.112  Trawl fishery--prohibitions.

* * * * *
    (a) * * *
    (4) Observers. (i) Fish in the Shorebased IFQ Program, the MS Coop 
Program, or the C/P Coop Program without observer coverage.
    (ii) Fish in the Shorebased IFQ Program, the MS Coop Program, or 
the C/P Coop Program if the vessel is inadequate or unsafe for observer 
deployment as described at Sec.  660.12(e).
    (iii) Fail to maintain observer coverage in port as specified at 
Sec.  660.140(h)(1)(i).
* * * * *
    (b) * * *
    (1) * * *
    (xiii) Discard or attempt to discard IFQ species/species group at 
sea unless the observer has documented or estimated the discards.
    (xiv) Begin a new fishing trip until all fish from an IFQ landing 
have been offloaded from the vessel, consistent with Sec.  
660.12(a)(11).
* * * * *
    (d) * * *
    (12) Sort or discard any portion of the catch taken by a catcher 
vessel in the MS Coop Program before the catcher vessel observer 
completes sampling of the catch, except for minor operational amounts 
of catch lost by a catcher vessel provided the observer has accounted 
for the discard (i.e., a maximized retention fishery).
* * * * *
    (14) Take deliveries without a valid scale inspection report signed 
by an authorized scale inspector on board the MS vessel.
    (15) Sort, process, or discard catch delivered to MS vessels before 
the catch is weighed on a scale that meets the requirements of Sec.  
660.15(b), including the daily test requirements.
* * * * *

0
10. In Sec.  660.113, revise paragraphs (c)(4) and (d)(4) to read as 
follows:


Sec.  660.113  Trawl fishery--recordkeeping and reporting.

* * * * *
    (c) * * *
    (4) Cease fishing report. If required, as specified at Sec.  
660.150(c)(4)(ii), the designated coop manager, or, in the case of an 
inter-coop agreement, all of the designated coop managers must submit a 
cease fishing report to NMFS indicating that harvesting has concluded 
for the year.
* * * * *
    (d) * * *
    (4) Cease fishing report. If required, as specified at Sec.  
660.160(c)(5), the designated coop manager must submit a cease fishing 
report to NMFS indicating that harvesting has concluded for the year.
* * * * *

0
11. In Sec.  660.140:
0
a. Revise paragraphs (b)(2)(iv), (b)(2)(vi), (b)(2)(viii), (h)(1), 
(h)(2) introductory text, (h)(2)(i)(B), and (h)(2)(ii)(B);
0
b. Add paragraph (h)(2)(xi); and
0
c. Revise paragraphs (h)(3) through (4), (h)(5)(ii)(B)(1) and (3), 
(h)(5)(iii)(D), (h)(5)(iv)(A) and (B), (h)(5)(v), (h)(5)(vii)(A)(2) 
through (5), (h)(5)(ix) introductory text, (h)(5)(xi) through (xv), 
(h)(6)(i), (h)(6)(iii)(A), (h)(6)(v) through

[[Page 22286]]

(ix), (i)(2), (i)(3)(ii), (j)(2)(ii) through (iv), (j)(3)(i), and 
(j)(4).
    The revisions and addition read as follows:


Sec.  660.140  Shorebased IFQ Program.

* * * * *
    (b) * * *
    (2) * * *
    (iv) Provide unrestricted access to all areas where fish are or may 
be sorted or weighed to catch monitors, NMFS staff, NMFS-authorized 
personnel, or authorized officers at any time when a delivery of IFQ 
species, or the processing of those species, is taking place.
* * * * *
    (vi) Retain and make available to catch monitors, NMFS staff, NMFS-
authorized personnel, or authorized officers, all printed output from 
any scale used to weigh catch, and any hand tally sheets, worksheets, 
or notes used to determine the total weight of any species.
* * * * *
    (viii) Ensure that sorting and weighing is completed prior to catch 
leaving the area that can be monitored from the observation area 
described paragraph (i) of this section.
* * * * *
    (h) * * *
    (1) Observer coverage requirements--(i) Coverage. The following 
observer coverage pertains to certified observers obtained from an 
observer provider permitted by NMFS.
    (A) Any vessel participating in the Shorebased IFQ Program:
    (1) Must carry a certified observer on any fishing trip from the 
time the vessel leaves port and until the completion of landing (until 
all catch from that fishing trip has been offloaded--see landing at 
Sec. Sec.  660.11 and 660.60(h)(2)).
    (2) Must carry an observer at any time the vessel is underway in 
port, including transit between delivery points when fish is offloaded 
at more than one IFQ first receiver.
    (3) Is exempt from the requirement to maintain observer coverage as 
specified in this paragraph while remaining docked in port when the 
observer makes available to the catch monitor an Observer Program 
reporting form documenting the weight and number of bocaccio, yelloweye 
rockfish, canary rockfish, and cowcod retained during that trip and 
which documents any discrepancy the vessel operator and observer may 
have in the weights and number of the overfished species, unless 
modified inseason under routine management measures at Sec.  
660.60(c)(1).
    (B) Any vessel 125 ft (38.1 m) LOA or longer that is engaged in at-
sea processing must carry two certified observers, and any vessel 
shorter than 125 ft (38.1 m) LOA that is engaged in at-sea processing 
must carry one certified observer, each day that the vessel is used to 
take, retain, receive, land, process, or transport groundfish.
    (ii) Observer deployment limitations and workload. If an observer 
is unable to perform their duties for any reason, the vessel is 
required to be in port within 36 hours of the last haul sampled by the 
observer. An observer must not be deployed for more than 22 calendar 
days in a calendar month, except for when a waiver has been issued by 
the Observer Program. The Observer Program may issue waivers to the 
observer provider to allow observers to work more than 22 calendar days 
per month in the following circumstances:
    (A) When it's anticipated that one trip will last over 20 days.
    (B) When a replacement observer is not available due to injury or 
illness.
    (C) When the Observer Program has predetermined that the extended 
deployment is not likely to result in data delays or otherwise impact 
the overall duties and obligations of the observer.
    (iii) Refusal to board. Any boarding refusal on the part of the 
observer or vessel must be immediately reported to the Observer Program 
and OLE by the observer provider. The observer must be available for an 
interview with the Observer Program or OLE if necessary.
    (2) Vessel responsibilities. As specified at Sec.  
660.140(h)(1)(ii), if an observer is unable to perform their duties for 
any reason, the vessel is required to be in port within 36 hours of the 
last haul sampled by the observer. An operator and/or crew of a vessel 
required to carry an observer must provide:
    (i) * * *
    (B) Accommodations and food for trips of 24 hours or more must be 
equivalent to those provided for the crew and must include berthing 
space, a space that is intended to be used for sleeping and is provided 
with installed bunks and mattresses. A mattress or futon on the floor 
or a cot is not acceptable if a regular bunk is provided to any crew 
member, unless other arrangements are approved in advance by the 
Regional Administrator or designee.
    (ii) * * *
    (B) Have on board a valid Commercial Fishing Vessel Safety Decal 
that certifies compliance with regulations found in 33 CFR chapter I 
and 46 CFR chapter I, a certificate of compliance issued pursuant to 46 
CFR 28.710 or a valid certificate of inspection pursuant to 46 U.S.C. 
3311. Maintain safe conditions on the vessel for the protection of 
observer(s) including adherence to all USCG and other applicable rules, 
regulations, or statutes pertaining to safe operation of the vessel, 
and provisions at Sec. Sec.  600.725 and 600.746 of this chapter.
* * * * *
    (xi) Housing on vessel in port. During all periods an observer is 
housed on a vessel, the vessel operator must ensure that at least one 
crew member is aboard.
    (3) Procurement of observer services. Owners of vessels required to 
carry observers under paragraph (h)(1) of this section must arrange for 
observer services from an observer provider, except that:
    (i) Vessels are required to procure observer services directly from 
the Observer Program when NMFS has determined and given notification 
that the vessel must carry NMFS staff or an individual authorized by 
NMFS in lieu of an observer provided by an observer provider.
    (ii) Vessels are required to procure observer services directly 
from the Observer Program and an observer provider when NMFS has 
determined and given notification that the vessel must carry NMFS staff 
and/or individuals authorized by NMFS, in addition to an observer 
provided by an observer provider.
    (4) Application to become an observer provider. See Sec.  660.18.
    (5) * * *
    (ii) * * *
    (B) * * *
    (1) That the observer will return all phone calls, emails, text 
messages, or other forms of communication within the time specified by 
the Observer Program;
* * * * *
    (3) That every observer successfully completes a Red Cross (or 
equivalent) basic cardiopulmonary resuscitation/first aid certification 
course prior to the end of the West Coast Groundfish Observer Training 
class.
    (iii) * * *
    (D) Immediately report to the Observer Program Office and the OLE 
any refusal to board an assigned vessel.
    (iv) * * *
    (A) Must have a valid West Coast Groundfish observer certification 
with the required endorsements;
    (B) Must not have informed the observer provider prior to the time 
of embarkation that he or she is experiencing a mental illness or a 
physical ailment or injury developed since submission of the 
physician's statement, as required in paragraph

[[Page 22287]]

(h)(5)(xi)(B) of this section that would prevent him or her from 
performing his or her assigned duties; and
* * * * *
    (v) Respond to industry requests for observers. An observer 
provider must provide an observer for deployment pursuant to the terms 
of the contractual relationship with the vessel to fulfill vessel 
requirements for observer coverage under paragraphs (h)(5)(xi)(D) of 
this section. An alternate observer must be supplied in each case where 
injury or illness prevents an observer from performing his or her 
duties or where an observer resigns prior to completion of his or her 
duties. If the observer provider is unable to respond to an industry 
request for observer coverage from a vessel for whom the observer 
provider is in a contractual relationship due to the lack of available 
observers by the estimated embarking time of the vessel, the observer 
provider must report it to NMFS at least four hours prior to the 
vessel's estimated embarking time, unless the vessel provides less than 
four hour notice to the provider, in which case the provider is to 
notify NMFS as soon as practical after the situation arises.
* * * * *
    (vii) * * *
    (A) * * *
    (2) Has a check-in system in which the observer is required to 
contact the observer provider each time they depart and return to port 
on a vessels.
    (3) Remains available to OLE and the Observer Program until the 
conclusion of debriefing.
    (4) Receives all necessary transportation, including arrangements 
and logistics to the initial location of deployment, to all subsequent 
vessel assignments during that deployment, and to and from the location 
designated for an observer to be interviewed by the Observer Program; 
and
    (5) Receives lodging, per diem, and any other services necessary to 
observers assigned to fishing vessels.
    (i) An observer under contract may be housed on a vessel to which 
he or she is assigned: Prior to their vessel's initial departure from 
port; for a period not to exceed 24 hours following the completion of 
an offload when the observer has duties and is scheduled to disembark; 
or for a period not to exceed 24 hours following the vessel's arrival 
in port when the observer is scheduled to disembark.
    (ii) Otherwise, each observer between vessels, while still under 
contract with an observer provider, shall be provided with 
accommodations in accordance with the contract between the observer and 
the observer provider. If the observer provider is responsible for 
providing accommodations under the contract with the observer, the 
accommodation must be at a licensed hotel, motel, bed and breakfast, or 
other shoreside accommodations that has an assigned bed for each 
observer that no other person may be assigned to for the duration of 
that observer's stay. Additionally, no more than four beds may be in 
any room housing observers at accommodations meeting the requirements 
of this section.
* * * * *
    (ix) Verify vessel's Commercial Fishing Vessel Safety Decal. An 
observer provider must ensure that the observer completes a current 
observer vessel safety checklist, and verify that a vessel has a valid 
USCG Commercial Fishing Vessel Safety Decal as required under paragraph 
(h)(2)(ii)(B) of this section prior to the observer embarking on the 
first trip and before an observer may get underway aboard the vessel. 
The provider must submit all vessel safety checklists to the Observer 
Program, as specified by Observer Program. One of the following 
acceptable means of verification must be used to verify the decal 
validity:
* * * * *
    (xi) Maintain communications with the Observer Program Office. An 
observer provider must provide all of the following information by 
electronic transmission (email), fax, or other method specified by 
NMFS.
    (A) Observer training, briefing, and debriefing registration 
materials. This information must be submitted to the Observer Program 
Office at least 10 business days prior to the beginning of a scheduled 
West Coast groundfish observer certification training or briefing 
session. Submissions received less than 10 business days prior to a 
West Coast groundfish observer certification training or briefing 
session will be approved by the Observer Program on a case-by-case 
basis.
    (1) Training registration materials consist of the following:
    (i) Date of requested training;
    (ii) A list of observer candidates that includes each candidate's 
full name (i.e., first, middle and last names), date of birth, and 
gender;
    (iii) A copy of each candidate's academic transcripts and resume;
    (iv) A statement signed by the candidate under penalty of perjury 
which discloses the candidate's criminal convictions;
    (v) Length of each observer's contract.
    (2) Briefing registration materials consist of the following:
    (i) Date and type of requested briefing session;
    (ii) List of observers to attend the briefing session, that 
includes each observer's full name (first, middle, and last names);
    (iii) Length of each observer's contract.
    (3) Debriefing. The Observer Program will notify the observer 
provider which observers require debriefing and the specific time 
period the observer provider has to schedule a date, time, and location 
for debriefing. The observer provider must contact the Observer Program 
within 5 business days by telephone to schedule debriefings.
    (i) Observer providers must immediately notify the observer program 
when observers end their contract earlier than anticipated.
(ii) [Reserved]
    (B) Physical examination. A signed and dated statement from a 
licensed physician that he or she has physically examined an observer 
or observer candidate. The statement must confirm that, based on that 
physical examination, the observer or observer candidate does not have 
any health problems or conditions that would jeopardize that 
individual's safety or the safety of others while deployed, or prevent 
the observer or observer candidate from performing his or her duties 
satisfactorily. The statement must declare that, prior to the 
examination, the physician was made aware of the duties of the observer 
and the dangerous, remote, and rigorous nature of the work by reading 
the NMFS-prepared information. The physician's statement must be 
submitted to the Observer Program Office prior to certification of an 
observer. The physical exam must have occurred during the 12 months 
prior to the observer's or observer candidate's deployment. The 
physician's statement expires 12 months after the physical exam 
occurred and a new physical exam must be performed, and accompanying 
statement submitted, prior to any deployment occurring after the 
expiration of the statement.
    (C) Certificates of insurance. Copies of ``certificates of 
insurance,'' that name the Northwest Fisheries Science Center Observer 
Program manager as the ``certificate holder,'' shall be submitted to 
the Observer Program Office by February 1 of each year. The 
certificates of insurance shall verify the following coverage 
provisions and state that the insurance company will notify the 
certificate holder if insurance coverage is changed or canceled.

[[Page 22288]]

    (1) Maritime Liability to cover ``seamen's'' claims under the 
Merchant Marine Act (Jones Act) and General Maritime Law ($1 million 
minimum).
    (2) Coverage under the U.S. Longshore and Harbor Workers' 
Compensation Act ($1 million minimum).
    (3) States Worker's Compensation as required.
    (4) Commercial General Liability.
    (D) Observer provider contracts. If requested, observer providers 
must submit to the Observer Program Office a completed and unaltered 
copy of each type of signed and valid contract (including all 
attachments, appendices, addendums, and exhibits incorporated into the 
contract) between the observer provider and those entities requiring 
observer services under paragraph (h)(1)(i) of this section. Observer 
providers must also submit to the Observer Program Office, upon 
request, a completed and unaltered copy of the current or most recent 
signed and valid contract (including all attachments, appendices, 
addendums, and exhibits incorporated into the contract and any 
agreements or policies with regard to observer compensation or salary 
levels) between the observer provider and the particular entity 
identified by the Observer Program or with specific observers. The 
copies must be submitted to the Observer Program Office via email, fax, 
or mail within 5 business days of the request. Signed and valid 
contracts include the contracts an observer provider has with:
    (1) Vessels required to have observer coverage as specified at 
paragraph (h)(1)(i) of this section; and
    (2) Observers.
    (E) Change in observer provider management and contact information. 
An observer provider must submit to the Observer Program Office any 
change of management or contact information as required at Sec.  
660.18(h).
    (F) Biological samples. The observer provider must ensure that 
biological samples are stored/handled properly prior to delivery/
transport to NMFS.
    (G) Observer status report. Observer providers must provide NMFS 
with an updated list of observer trips per Observer Program protocol. 
Trip information includes observer provider name, observer last name, 
observer first name, trip start date, trip end date, status of 
observer, vessel name, and vessel identification number.
    (H) Other information. Observer providers must submit to NMFS, if 
requested, copies of any information developed and used by the observer 
providers distributed to vessels, such as informational pamphlets, 
payment notification, description of observer duties, etc.
    (I) Other reports. Reports of the following must be submitted in 
writing to the Observer Program Office by the observer provider via fax 
or email address designated by the Observer Program Office within 24 
hours after the observer provider becomes aware of the information:
    (1) Any information regarding possible observer harassment;
    (2) Any information regarding any action prohibited under Sec.  
660.12(e); Sec.  660.112(a)(4); or Sec.  600.725(o), (t) and (u) of 
this chapter;
    (3) Any concerns about vessel safety or marine casualty under 46 
CFR 4.05-1(a)(1) through (7);
    (4) Any observer illness or injury that prevents the observer from 
completing any of his or her duties described in the observer manual; 
and
    (5) Any information, allegations or reports regarding observer 
conflict of interest or breach of the standards of behavior described 
in observer provider policy.
    (xii) Replace lost or damaged gear. Lost or damaged gear issued to 
an observer by NMFS must be replaced by the observer provider. All 
replacements must be provided to NMFS and be in accordance with 
requirements and procedures identified in writing by the Observer 
Program Office.
    (xiii) Maintain confidentiality of information. An observer 
provider must ensure that all records on individual observer 
performance received from NMFS under the routine use provision of the 
Privacy Act U.S.C. 552a or as otherwise required by law remain 
confidential and are not further released to any person outside the 
employ of the observer provider company to whom the observer was 
contracted except with written permission of the observer.
    (xiv) Limitations on conflict of interest. Observer providers:
    (A) Must not have a direct financial interest, other than the 
provision of observer, catch monitor or other biological sampling 
services, in any federal or state managed fisheries, including, but not 
limited to:
    (1) Any ownership, mortgage holder, or other secured interest in a 
vessel or shoreside processor facility involved in the catching, 
taking, harvesting or processing of fish;
    (2) Any business involved with selling supplies or services to any 
vessel or shoreside processors participating in a fishery managed 
pursuant to an FMP in the waters off the coasts of Alaska, California, 
Oregon, and Washington, or
    (3) Any business involved with purchasing raw or processed products 
from any vessel or shoreside processor participating in a fishery 
managed pursuant to an FMP in the waters off the coasts of Alaska, 
California, Oregon, and Washington.
    (B) Must assign observers without regard to any preference by 
representatives of vessels other than when an observer will be 
deployed.
    (C) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value except for compensation for providing observer services from any 
person who conducts fishing or fish processing activities that are 
regulated by NMFS, or who has interests that may be substantially 
affected by the performance or non-performance of the official duties 
of observer providers.
    (xv) Observer conduct and behavior. An observer provider must 
develop and maintain a policy addressing observer conduct and behavior 
for their employees that serve as observers.
    (A) The policy shall address the following behavior and conduct 
regarding:
    (1) Observer use of alcohol;
    (2) Observer use, possession, or distribution of illegal drugs in 
violation of applicable law; and;
    (3) Sexual contact with personnel of the vessel or processing 
facility to which the observer is assigned, or with any vessel or 
processing plant personnel who may be substantially affected by the 
performance or non-performance of the observer's official duties.
    (B) An observer provider shall provide a copy of its conduct and 
behavior policy by February 1 of each year, to: observers, observer 
candidates and the Observer Program Office.
* * * * *
    (6) * * *
    (i) Applicability. Observer certification authorizes an individual 
to fulfill duties as specified in writing by the Observer Program 
Office while under the employ of an observer provider and according to 
certification requirements as designated under paragraph (h)(6)(iii) of 
this section.
* * * * *
    (iii) * * *
    (A) Initial certification. NMFS may certify individuals who, in 
addition to any other relevant considerations:
    (1) Are employed by an permitted observer provider at the time of 
the of the certification is issued;
    (2) Have provided, through their observer provider:
    (i) Information identified by NMFS at Sec.  679.52 (b) of this 
chapter regarding an observer candidate's health and physical fitness 
for the job;

[[Page 22289]]

    (ii) Meet all observer candidate education and health standards as 
specified in Sec.  679.52 (b) of this chapter; and
    (iii) Have successfully completed NMFS-approved training as 
prescribed by the Observer Program. Successful completion of training 
by an observer applicant consists of meeting all attendance and conduct 
standards issued in writing at the start of training; meeting all 
performance standards issued in writing at the start of training for 
assignments, tests, and other evaluation tools; and completing all 
other training requirements established by the Observer Program.
    (iv) Have not been decertified under paragraph (h)(6)(ix) of this 
section, or pursuant to Sec.  679.53(c) of this chapter.
* * * * *
    (v) Issuance of an observer certification. An observer 
certification may be issued upon determination by the observer 
certification official that the candidate has successfully met all 
requirements for certification as specified at paragraph (h)(6)(iii) of 
this section. The following endorsements as prescribed by the Observer 
Program must be obtained in addition to observer certification.
    (A) West Coast Groundfish Observer Program training endorsement. A 
training endorsement signifies the successful completion of the 
training course required to obtain observer certification. This 
endorsement expires when the observer has not been deployed and 
performed sampling duties as required by the Observer Program Office 
for a period of time, specified by the Observer Program, after his or 
her most recent debriefing. The Observer can renew the endorsement by 
successfully completing training once more.
    (B) West Coast Groundfish Observer Program annual general 
endorsement. Each observer must obtain an annual general endorsement to 
their certification prior to his or her first deployment within any 
calendar year subsequent to a year in which a training endorsement is 
obtained. To obtain an annual general endorsement, an observer must 
successfully complete the annual briefing, as specified by the Observer 
Program. All briefing attendance, performance, and conduct standards 
required by the Observer Program must be met.
    (C) West Coast Groundfish Observer Program deployment endorsement. 
Each observer who has completed an initial deployment, as defined by 
the Observer Program, after receiving a training endorsement or annual 
general endorsement, must complete all applicable debriefing 
requirements specified by the Observer Program. A deployment 
endorsement is issued to observers who meet the performance standards 
specified by the Observer Program. A deployment endorsement must be 
obtained prior to any subsequent deployments for the remainder of that 
calendar year. If a deployment endorsement is not issued, certification 
training must be repeated.
    (vi) Maintaining the validity of an observer certification. After 
initial issuance, an observer must keep their certification valid by 
meeting all of the following requirements specified below:
    (A) Successfully perform their assigned duties as described in the 
observer manual or other written instructions from the Observer 
Program.
    (B) Accurately record their sampling data, write complete reports, 
and report accurately any observations of suspected violations of 
regulations relevant to conservation of marine resources or their 
environment.
    (C) Not disclose collected data and observations made on board the 
vessel or in the processing facility to any person except the owner or 
operator of the observed vessel or an authorized officer or NMFS.
    (D) Successfully complete any required trainings or briefings as 
prescribed by the Observer Program.
    (E) Successful completion of briefing by an observer applicant 
consists of meeting all attendance and conduct standards issued in 
writing at the start of training; meeting all performance standards 
issued in writing at the start of briefing for assignments, tests, and 
other evaluation tools; and completing all other briefing requirements 
established by the Observer Program.
    (F) Hold a Red Cross (or equivalent) basic cardiopulmonary 
resuscitation/first aid certification.
    (G) Successfully meet Observer Program performance standards 
reporting for assigned debriefings or interviews.
    (H) Submit all data and information required by the Observer 
Program within the program's stated guidelines.
    (I) Meet the minimum annual deployment period of 45 days every 12 
months. On a case-by case basis, the Observer Program may consider 
waiving the 45 day requirement.
    (vii) Limitations on conflict of interest. Observers:
    (A) Must not have a direct financial interest, other than the 
provision of observer services or catch monitor services, in a North 
Pacific fishery managed pursuant to an FMP for the waters off the coast 
of Alaska, Alaska state waters, or in a Pacific Coast fishery managed 
by either the state or Federal Governments in waters off Washington, 
Oregon, or California, including but not limited to:
    (1) Any ownership, mortgage holder, or other secured interest in a 
vessel, shore-based or floating stationary processor facility involved 
in the catching, taking, harvesting or processing of fish,
    (2) Any business involved with selling supplies or services to any 
vessel, shore-based or floating stationary processing facility; or
    (3) Any business involved with purchasing raw or processed products 
from any vessel, shore-based or floating stationary processing 
facilities.
    (B) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from any person who either conducts activities that are regulated 
by NMFS in the Pacific coast or North Pacific regions or has interests 
that may be substantially affected by the performance or nonperformance 
of the observers' official duties.
    (C) May not serve as observers on any vessel or at any shore-based 
or floating stationary processor owned or operated by a person who 
employed the observer in the last two years.
    (D) May not solicit or accept employment as a crew member or an 
employee of a vessel or shore-based or floating stationary processor 
while employed by an observer provider.
    (E) Provisions for remuneration of observers under this section do 
not constitute a conflict of interest.
    (viii) Standards of behavior. Observers must:
    (A) Perform their duties as described in the observer manual or 
other written instructions from the Observer Program Office.
    (B) Accurately record their sampling data, write complete reports, 
and report accurately any observations of suspected violations of 
regulations relevant to the conservation of marine resources of their 
environment.
    (C) Not disclose collected data and observations made on board the 
vessel to any person except the owner or operator of the observed 
vessel, an authorized officer, or NMFS.
    (ix) Suspension and decertification--(A) Suspension and 
decertification review official. The Regional Administrator (or a 
designee) will designate an observer suspension and decertification 
review official(s), who will have the authority to review observer 
certifications and issue IAD of observer certification suspension and/
or decertification.

[[Page 22290]]

    (B) Causes for suspension or decertification. In addition to any 
other supported basis connected to an observer's job performance, the 
suspension and decertification official may initiate suspension or 
decertification proceedings against an observer:
    (1) When it is alleged that the observer has not met applicable 
standards, including any of the following:
    (i) Failed to satisfactorily perform duties as described or 
directed by the Observer Program; or
    (ii) Failed to abide by the standards of conduct for observers, 
including conflicts of interest;
    (2) Upon conviction of a crime or upon entry of a civil judgment 
for:
    (i) Commission of fraud or other violation in connection with 
obtaining or attempting to obtain certification, or in performing the 
duties as specified in writing by the NMFS Observer Program;
    (ii) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, or 
receiving stolen property;
    (iii) Commission of any other offense indicating a lack of 
integrity or honesty that seriously and directly affects the fitness of 
observers.
    (C) Issuance of an IAD. Upon determination that suspension or 
decertification is warranted, the suspension/decertification official 
will issue a written IAD to the observer via certified mail at the 
observer's most current address provided to NMFS. The IAD will identify 
whether a certification is suspended or revoked and will identify the 
specific reasons for the action taken. Decertification is effective 30 
calendar days after the date on the IAD, unless there is an appeal.
    (D) Appeals. A certified observer who receives an IAD that suspends 
or revokes his or her observer certification may appeal the 
determination within 30 calendar days after the date on the IAD to the 
Office of Administrative Appeals pursuant to Sec.  660.19.
    (i) * * *
    (2) Procurement of catch monitor services. Owners or managers of 
each IFQ first receiver must arrange for catch monitor services from a 
catch monitor provider prior to accepting IFQ landings.
    (3) * * *
    (ii) Unless alternative arrangements are approved by the Catch 
Monitor Program Office, the working hours of each individual catch 
monitor will be limited as follows: the time required for a catch 
monitor to conduct monitoring duties must not exceed 14 consecutive 
hours in a calendar day. Following a monitoring shift of more than 10 
hours, each catch monitor must be provided with a minimum 8 hours break 
before they may resume monitoring.
* * * * *
    (j) * * *
    (2) * * *
    (ii) Printed record. All scales identified in the catch monitoring 
plan accepted by NMFS during the first receiver site license 
application process, must produce a printed record as specified at 
Sec.  660.15(c).
    (iii) Scales that may be exempt from printed report. An IFQ first 
receiver that receives no more than 200,000 pounds of groundfish in any 
calendar month will be exempt from the requirement to produce a printed 
record provided that:
    (A) The first receiver has not previously operated under a catch 
monitoring plan where a printed record was required;
    (B) The first receiver ensures that all catch is weighed; and
    (C) The catch monitor, NMFS staff, or authorized officer can verify 
that all catch is weighed.
    (iv) Retention of printed records. An IFQ first receiver must 
maintain printouts on site until the end of the fishing year during 
which the printouts were made consistent with Sec.  660.113(a)(2).
* * * * *
    (3) * * *
    (i) General. Ensure that all IFQ landings are sorted and weighed as 
specified at Sec.  660.130(d) and in accordance with an approved catch 
monitoring plan.
* * * * *
    (4) Scale tests. All testing must meet the scale test standards 
specified at Sec.  660.15(c).
* * * * *

0
12. In Sec.  660.150:
0
a. Revise paragraphs (b)(1)(ii)(A) through (C), (c)(4)(ii), (j)(1)(i), 
(j)(1)(ii)(A), (j)(1)(iii), (j)(2)(i)(A), (j)(2)(i)(B)(2), (j)(2)(ii) 
introductory text, (j)(2)(ii)(B), (j)(2)(iii), (j)(2)(ix)(A) 
introductory text, and (j)(2)(x) introductory text;
0
b. Add paragraph (j)(2)(xi);
0
c. Revise paragraphs (j)(3), (j)(4) and (j)(5); and
0
d. Remove paragraph (j)(6).
    The revisions and addition read as follows:


Sec.  660.150  Mothership (MS) Coop Program.

* * * * *
    (b) * * *
    (1) * * *
    (ii) MS vessel responsibilities. The owner and operator of a MS 
vessel must:
    (A) Recordkeeping and reporting. Maintain a valid declaration as 
specified at Sec.  660.13(d); and, maintain and submit all records and 
reports specified at Sec.  660.113(c) including, economic data, scale 
tests records, and cost recovery.
    (B) Observers. As specified at paragraph (j) of this section, 
procure observer services, maintain the appropriate level of coverage, 
and meet the vessel responsibilities.
    (C) Catch weighing requirements. The owner and operator of a MS 
vessel must: Ensure that all catch is weighed in its round form on a 
NMFS-approved scale that meets the requirements described in Sec.  
660.15(b);
* * * * *
    (c) * * *
    (4) * * *
    (ii) Between the mothership and catcher/processor sectors. The 
Regional Administrator may make available for harvest to the catcher/
processor sector of the Pacific whiting fishery, the amounts of the 
mothership sector's non-whiting catch allocation remaining when the 
Pacific whiting allocation is reached or participants in the sector do 
not intend to harvest the remaining allocation. If participants in the 
sector do not intend to harvest the sector's remaining allocation, the 
designated coop manager, or in the case of an inter-coop, all of the 
designated coop managers must submit a cease fishing report to NMFS 
indicating that harvesting has concluded for the year. At any time 
after greater than 80 percent of the Mothership sector Pacific whiting 
allocation has been harvested, the Regional Administrator may contact 
designated coop managers to determine whether they intend to continue 
fishing. When considering redistribution of non-whiting catch 
allocation, the Regional Administrator will take in to consideration 
the best available data on total projected fishing impacts. 
Reapportionment between permitted MS coops and the non-coop fishery 
within the mothership sector will be in proportion to their original 
coop allocations for the calendar year.
* * * * *
    (j) * * *
    (1) * * *
    (i) Coverage. The following observer coverage pertains to certified 
observers obtained from an observer provider permitted by NMFS.
    (A) MS vessels. Any vessel registered to an MS permit 125 ft (38.1 
m) LOA or longer must carry two certified observers, and any vessel 
registered to an MS permit shorter than 125 ft (38.1 m) LOA must carry 
one certified observer, each day that the vessel is used to take, 
retain, receive, land, process, or transport groundfish.

[[Page 22291]]

    (B) Catcher vessels. Any vessel delivering catch to any MS vessel 
must carry one certified observer each day that the vessel is used to 
take groundfish.
    (ii) * * *
    (A) MS vessels. The time required for the observer to complete 
sampling duties must not exceed 12 consecutive hours in each 24-hour 
period.
* * * * *
    (iii) Refusal to board. Any boarding refusal on the part of the 
observer or vessel must be reported to the Observer Program and OLE by 
the observer provider. The observer must be available for an interview 
with the Observer Program or OLE if necessary.
    (2) * * *
    (i) * * *
    (A) MS vessels. Provide accommodations and food that are equivalent 
to those provided for officers, engineers, foremen, deck-bosses or 
other management level personnel of the vessel.
    (B) * * *
    (2) Accommodations and food for trips of 24 hours or more must be 
equivalent to those provided for the crew and must include berthing 
space, a space that is intended to be used for sleeping and is provided 
with installed bunks and mattresses. A mattress or futon on the floor 
or a cot is not acceptable if a regular bunk is provided to any crew 
member, unless other arrangements are approved in advance by the 
Regional Administrator or designee.
    (ii) Safe conditions. MS vessels and catcher vessels must:
* * * * *
    (B) Have on board a valid Commercial Fishing Vessel Safety Decal 
that certifies compliance with regulations found in 33 CFR chapter I 
and 46 CFR chapter I, a certificate of compliance issued pursuant to 46 
CFR 28.710 or a valid certificate of inspection pursuant to 46 U.S.C. 
3311. Maintain safe conditions on the vessel for the protection of 
observer(s) including adherence to all USCG and other applicable rules, 
regulations, or statutes pertaining to safe operation of the vessel, 
and provisions at Sec. Sec.  600.725 and 600.746 of this chapter.
    (iii) Computer hardware and software. MS vessels must:
    (A) Provide hardware and software pursuant to regulations at Sec.  
679.51(e)(iii)(B) of this chapter.
    (B) Provide the observer(s) access to a computer required under 
paragraph (j)(2)(iii)(A) of this section, and that is connected to a 
communication device that provides a point-to-point connection to the 
NMFS host computer.
    (C) Ensure that the MS vessel has installed the most recent release 
of NMFS data entry software or other approved software prior to the 
vessel receiving, catching or processing IFQ species.
    (D) Ensure that the communication equipment required in paragraph 
(j)(2)(iii) of this section and that is used by observers to enter and 
transmit data, is fully functional and operational. ``Functional'' 
means that all the tasks and components of the NMFS supplied, or other 
approved, software described at paragraph (j)(2)(iii) of this section 
and the data transmissions to NMFS can be executed effectively aboard 
the vessel by the communications equipment.
* * * * *
    (ix) * * *
    (A) MS vessels. To allow the observer to carry out required duties, 
the vessel owner must provide an observer sampling station that meets 
the following requirements:
* * * * *
    (x) Transfer at sea. Observers may be transferred at-sea between MS 
vessels, between MS vessels and C/P vessels, or between a MS vessel and 
a catcher vessel. Transfers at-sea between catcher vessels is 
prohibited. For transfers, both vessels must:
* * * * *
    (xi) Housing on vessel in port. During all periods an observer is 
housed on a vessel, the vessel operator must ensure that at least one 
crew member is aboard.
    (3) Procurement of observer services--(i) MS vessels. Owners of 
vessels required to carry observers under paragraph (j)(1)(i) of this 
section must arrange for observer services from an observer provider, 
except that:
    (A) Vessels are required to procure observer services directly from 
the Observer Program when NMFS has determined and given notification 
that the vessel must carry NMFS staff or an individual authorized by 
NMFS in lieu of an observer provided by an observer provider.
    (B) Vessels are required to procure observer services directly from 
the Observer Program and an observer provider when NMFS has determined 
and given notification that the vessel must carry NMFS staff and/or 
individuals authorized by NMFS, in addition to an observer provided by 
an observer provider.
    (ii) Catcher vessels. Owners of vessels required to carry observers 
under paragraph (j)(1)(i) of this section must arrange for observer 
services from an observer provider, except that:
    (A) Vessels are required to procure observer services directly from 
the Observer Program when NMFS has determined and given notification 
that the vessel must carry NMFS staff or an individual authorized by 
NMFS in lieu of an observer provided by an observer provider.
    (B) Vessels are required to procure observer services directly from 
the Observer Program and an observer provider when NMFS has determined 
and given notification that the vessel must carry NMFS staff and/or 
individuals authorized by NMFS, in addition to an observer provided by 
an observer provider.
    (4) Observer provider responsibilities. (i) Provide qualified 
candidates to serve as observers. Observer providers must provide 
qualified candidates to serve as observers. To be qualified, a 
candidate must have:
    (A) A Bachelor's degree or higher from an accredited college or 
university with a major in one of the natural sciences;
    (B) Successfully completed a minimum of 30 semester hours or 
equivalent in applicable biological sciences with extensive use of 
dichotomous keys in at least one course;
    (C) Successfully completed at least one undergraduate course each 
in math and statistics with a minimum of 5 semester hours total for 
both; and
    (D) Computer skills that enable the candidate to work competently 
with standard database software and computer hardware.
    (ii) Hiring an observer candidate--(A) MS vessels. (1) The observer 
provider must provide the candidate a copy of NMFS-provided pamphlets, 
information and other literature describing observer duties (i.e. The 
At-Sea Hake Observer Program's Observer Manual) prior to hiring the 
candidate. Observer job information is available from the Observer 
Program Office's Web site at http://www.nwfsc.noaa.gov/research/divisions/fram/observer/index.cfm.
    (2) The observer provider must have a written contract or a written 
contract addendum that is signed by the observer and observer provider 
prior to the observer's deployment with the following clauses:
    (i) That the observer will return all phone calls, emails, text 
messages, or other forms of communication within the time specified by 
the Observer Program;
    (ii) That the observer inform the observer provider prior to the 
time of embarkation if he or she is experiencing any new mental illness 
or physical ailments or injury since submission of the physician's 
statement as required as a qualified observer candidate that

[[Page 22292]]

would prevent him or her from performing their assigned duties.
    (B) Catcher vessels. (1) Provide the candidate a copy of NMFS-
provided pamphlets, information and other literature describing 
observer duties, for example, the West Coast Groundfish Observer 
Program's sampling manual. Observer job information is available from 
the Observer Program Office's Web site at http://www.nwfsc.noaa.gov/research/divisions/fram/observer/index.cfm.
    (2) The observer provider must have a written contract or a written 
contract addendum that is signed by the observer and observer provider 
prior to the observer's deployment with the following clauses:
    (i) That the observer will return all phone calls, emails, text 
messages, or other forms of communication within the time specified by 
the Observer Program;
    (ii) That the observer inform the observer provider prior to the 
time of embarkation if he or she is experiencing any new mental illness 
or physical ailments or injury since submission of the physician's 
statement as required as a qualified observer candidate that would 
prevent him or her from performing their assigned duties; and
    (iii) That the observer successfully completes a Red Cross (or 
equivalent) basic cardiopulmonary resuscitation/first aid certification 
course prior to the end of the Observer Program Training class.
    (iii) Ensure that observers complete duties in a timely manner--(A) 
MS vessels. An observer provider must ensure that observers employed by 
that observer provider do the following in a complete and timely 
manner:
    (1) Submit to NMFS all data, logbooks, and reports as required by 
the observer manual;
    (2) Report for his or her scheduled debriefing and complete all 
debriefing responsibilities;
    (3) Return all sampling and safety gear to the Observer Program 
Office;
    (4) Submit all biological samples from the observer's deployment by 
the completion of the electronic vessel and/or processor survey(s); and
    (5) Immediately report to the Observer Program Office and the OLE 
any refusal to board an assigned vessel.
    (B) Catcher vessels. An observer provider must ensure that 
observers employed by that observer provider do the following in a 
complete and timely manner:
    (1) Submit to NMFS all data, logbooks, and reports and biological 
samples as required under the Observer Program policy deadlines;
    (2) Report for his or her scheduled debriefing and complete all 
debriefing responsibilities;
    (3) Return all sampling and safety gear to the Observer Program 
Office; and
    (4) Immediately report to the Observer Program Office and the OLE 
any refusal to board an assigned vessel.
    (iv) Observers provided to vessel--(A) MS vessels. Observers 
provided to MS vessels:
    (1) Must have a valid North Pacific groundfish observer 
certification with required endorsements and an At-Sea Hake Observer 
Program endorsement;
    (2) Must not have informed the observer provider prior to the time 
of embarkation that he or she is experiencing a mental illness or a 
physical ailment or injury developed since submission of the 
physician's statement that would prevent him or her from performing his 
or her assigned duties; and
    (3) Must have successfully completed all NMFS required training and 
briefing before deployment.
    (B) Catcher vessels. Observers provided to catcher vessels:
    (1) Must have a valid West Coast Groundfish observer certification 
with the required endorsements;
    (2) Must have not informed the observer provider prior to the time 
of embarkation that he or she is experiencing a mental illness or a 
physical ailment or injury developed since submission of the 
physician's statement (required in paragraph (j)(4)(xi)(B)(2) of this 
section) that would prevent him or her from performing his or her 
assigned duties; and,
    (3) Must have successfully completed all NMFS required training and 
briefing before deployment.
    (v) Respond to industry requests for observers. An observer 
provider must provide an observer for deployment pursuant to the terms 
of the contractual relationship with the vessel to fulfill vessel 
requirements for observer coverage specified at paragraph (j)(1)(i) of 
this section. An alternate observer must be supplied in each case where 
injury or illness prevents an observer from performing his or her 
duties or where the observer resigns prior to completion of his or her 
duties. If the observer provider is unable to respond to an industry 
request for observer coverage from a vessel for whom the observer 
provider is in a contractual relationship due to lack of available 
observers by the estimated embarking time of the vessel, the observer 
provider must report it to the Observer Program at least four hours 
prior to the vessel's estimated embarking time.
    (vi) Provide observer salaries and benefits. An observer provider 
must provide to its observer employees salaries and any other benefits 
and personnel services in accordance with the terms of each observer's 
contract.
    (vii) Provide observer deployment logistics--(A) MS vessels. An 
observer provider must provide to each of its observers under contract:
    (1) All necessary transportation, including arrangements and 
logistics, to the initial location of deployment, to all subsequent 
vessel assignments during that deployment, and to and from the location 
designated for an observer to be interviewed by the Observer Program; 
and
    (2) Lodging, per diem, and any other services necessary to 
observers assigned to fishing vessels.
    (3) An observer under contract may be housed on a vessel to which 
he or she is assigned:
    (i) Prior to their vessel's initial departure from port;
    (ii) For a period not to exceed 24 hours following the completion 
of an offload when the observer has duties and is scheduled to 
disembark; or
    (iii) For a period not to exceed 24 hours following the vessel's 
arrival in port when the observer is scheduled to disembark.
    (iv) An observer under contract who is between vessel assignments 
must be provided with shoreside accommodations pursuant to the terms of 
the contract between the observer provider and the observers. If the 
observer provider is responsible for providing accommodations under the 
contract with the observer, the accommodations must be at a licensed 
hotel, motel, bed and breakfast, or other shoreside accommodations for 
the duration of each period between vessel or shoreside assignments. 
Such accommodations must include an assigned bed for each observer and 
no other person may be assigned that bed for the duration of that 
observer's stay. Additionally, no more than four beds may be in any 
room housing observers at accommodations meeting the requirements of 
this section.
    (B) Catcher vessels. An observer provider must ensure each of its 
observers under contract:
    (1) Has an individually assigned mobile or cell phones, in working 
order, for all necessary communication. An observer provider may 
alternatively compensate observers for the use of the observer's 
personal cell phone or pager for communications made in support of, or 
necessary for, the observer's duties.
    (2) Has a check-in system in which the observer is required to 
contact the

[[Page 22293]]

observer provider each time they depart and return to port on a vessel.
    (3) Remains available to OLE and the Observer Program until the 
conclusion of debriefing.
    (4) Receives all necessary transportation, including arrangements 
and logistics to the initial location of deployment, to all subsequent 
vessel assignments during that deployment, and to and from the location 
designated for an observer to be interviewed by the Observer Program; 
and
    (5) Receives lodging, per diem, and any other services necessary to 
observers assigned to fishing vessels.
    (i) An observer under contract may be housed on a vessel to which 
he or she is assigned: Prior to their vessel's initial departure from 
port; for a period not to exceed 24 hours following the completion of 
an offload when the observer has duties and is scheduled to disembark; 
or for a period not to exceed 24 hours following the vessel's arrival 
in port when the observer is scheduled to disembark.
    (ii) Otherwise, each observer between vessels, while still under 
contract with an observer provider, shall be provided with 
accommodations in accordance with the contract between the observer and 
the observer provider. If the observer provider is responsible for 
providing accommodations under the contract with the observer, the 
accommodations must be at a licensed hotel, motel, bed and breakfast, 
or other shoreside accommodations that has an assigned bed for each 
observer that no other person may be assigned to for the duration of 
that observer's stay. Additionally, no more than four beds may be in 
any room housing observers at accommodations meeting the requirements 
of this section.
    (viii) Observer deployment limitations--(A) MS vessels. Unless 
alternative arrangements are approved by the Observer Program Office, 
an observer provider must not:
    (1) Deploy an observer on the same vessel more than 90 days in a 
12-month period;
    (2) Deploy an observer for more than 90 days in a single 
deployment;
    (3) Include more than four vessels assignments in a single 
deployment, or
    (4) Disembark an observer from a vessel before that observer has 
completed his or her sampling or data transmission duties.
    (B) Catcher vessels. Unless alternative arrangements are approved 
by the Observer Program Office, an observer provider must not deploy an 
observer on the same vessel more than 90 calendar days in a 12-month 
period.
    (ix) Verify vessel's Commercial Fishing Vessel Safety Decal. An 
observer provider must ensure that the observer completes an observer 
vessel safety checklist, and verify that a vessel has a valid USCG 
Commercial Fishing Vessel Safety Decal as required under paragraph 
(j)(2)(ii)(B) of this section prior to the observer embarking on the 
first trip and before an observer may get underway aboard the vessel. 
The provider must submit all vessel safety checklists to the Observer 
Program, as specified by Observer Program policy. One of the following 
acceptable means of verification must be used to verify the decal 
validity:
    (A) The observer provider or employee of the observer provider, 
including the observer, visually inspects the decal aboard the vessel 
and confirms that the decal is valid according to the decal date of 
issuance; or
    (B) The observer provider receives a hard copy of the USCG 
documentation of the decal issuance from the vessel owner or operator.
    (x) Maintain communications with observers. An observer provider 
must have an employee responsible for observer activities on call 24 
hours a day to handle emergencies involving observers or problems 
concerning observer logistics, whenever observers are at sea, in 
transit, or in port awaiting vessel reassignment.
    (xi) Maintain communications with the Observer Program Office. An 
observer provider must provide all of the following information by 
electronic transmission (email), fax, or other method specified by 
NMFS.
    (A) Motherships--(1) Training and briefing registration materials. 
The observer provider must submit training and briefing registration 
materials to the Observer Program Office at least 5 business days prior 
to the beginning of a scheduled observer at-sea hake training or 
briefing session.
    (i) Registration materials. Registration materials consist of the 
date of requested training or briefing with a list of observers 
including each observer's full name (i.e., first, middle and last 
names).
    (ii) Projected observer assignments. Prior to the observer's 
completion of the training or briefing session, the observer provider 
must submit to the Observer Program Office a statement of projected 
observer assignments that include the observer's name; vessel, gear 
type, and vessel/processor code; port of embarkation; and area of 
fishing.
    (2) Observer debriefing registration. The observer provider must 
contact the At-Sea Hake Observer Program within 5 business days after 
the completion of an observer's deployment to schedule a date, time and 
location for debriefing. Observer debriefing registration information 
must be provided at the time of debriefing scheduling and must include 
the observer's name, cruise number, vessel name(s) and code(s), and 
requested debriefing date.
    (3) Observer provider contracts. If requested, observer providers 
must submit to the Observer Program Office a completed and unaltered 
copy of each type of signed and valid contract (including all 
attachments, appendices, addendums, and exhibits incorporated into the 
contract) between the observer provider and those entities requiring 
observer services under paragraph (j)(1)(i) of this section. Observer 
providers must also submit to the Observer Program Office upon request, 
a completed and unaltered copy of the current or most recent signed and 
valid contract (including all attachments, appendices, addendums, and 
exhibits incorporated into the contract and any agreements or policies 
with regard to observer compensation or salary levels) between the 
observer provider and the particular entity identified by the Observer 
Program or with specific observers. The copies must be submitted to the 
Observer Program Office via fax or mail within 5 business days of the 
request. Signed and valid contracts include the contracts an observer 
provider has with:
    (i) Vessels required to have observer coverage as specified at 
paragraph (j)(1)(i) of this section; and
    (ii) Observers.
    (4) Change in observer provider management and contact information. 
Observer providers must submit notification of any other change to 
provider contact information, including but not limited to, changes in 
contact name, phone number, email address, and address.
    (5) Other reports. Reports of the following must be submitted in 
writing to the At-Sea Hake Observer Program Office by the observer 
provider via fax or email address designated by the Observer Program 
Office within 24 hours after the observer provider becomes aware of the 
information:
    (i) Any information regarding possible observer harassment;
    (ii) Any information regarding any action prohibited under Sec.  
660.12(e); Sec.  660.112(a)(4); or Sec.  600.725(o), (t) and (u) of 
this chapter;
    (iii) Any concerns about vessel safety or marine casualty under 46 
CFR 4.05-1(a)(1) through (7);
    (iv) Any observer illness or injury that prevents the observer from 
completing

[[Page 22294]]

any of his or her duties described in the observer manual; and
    (v) Any information, allegations or reports regarding observer 
conflict of interest or breach of the standards of behavior described 
in observer provider policy.
    (B) Catcher vessels. An observer provider must provide all of the 
following information by electronic transmission (email), fax, or other 
method specified by NMFS.
    (1) Observer training, briefing, and debriefing registration 
materials. This information must be submitted to the Observer Program 
Office at least 10 business days prior to the beginning of a scheduled 
West Coast groundfish observer certification training or briefing 
session. Submissions received less than 10 business days prior to a 
West Coast groundfish observer certification training or briefing 
session will be approved by the Observer Program on a case-by-case 
basis.
    (i) Training registration materials consist of the following: Date 
of requested training; a list of observer candidates that includes each 
candidate's full name (i.e., first, middle and last names), date of 
birth, and gender; a copy of each candidate's academic transcripts and 
resume; a statement signed by the candidate under penalty of perjury 
which discloses the candidate's criminal convictions; and length of 
observer contract.
    (ii) Briefing registration materials consist of the following: Date 
and type of requested briefing session; list of observers to attend the 
briefing session, that includes each observer's full name (first, 
middle, and last names); and length of observer contract.
    (iii) The Observer Program will notify the observer provider which 
observers require debriefing and the specific time period the observer 
provider has to schedule a date, time, and location for debriefing. The 
observer provider must contact the Observer Program within 5 business 
days by telephone to schedule debriefings. Observer providers must 
immediately notify the Observer Program when observers end their 
contract earlier than anticipated.
    (2) Physical examination. A signed and dated statement from a 
licensed physician that he or she has physically examined an observer 
or observer candidate. The statement must confirm that, based on that 
physical examination, the observer or observer candidate does not have 
any health problems or conditions that would jeopardize that 
individual's safety or the safety of others while deployed, or prevent 
the observer or observer candidate from performing his or her duties 
satisfactorily. The statement must declare that, prior to the 
examination, the physician was made aware of the duties of the observer 
and the dangerous, remote, and rigorous nature of the work by reading 
the NMFS-prepared information. The physician's statement must be 
submitted to the Observer Program Office prior to certification of an 
observer. The physical exam must have occurred during the 12 months 
prior to the observer's or observer candidate's deployment. The 
physician's statement expires 12 months after the physical exam 
occurred and a new physical exam must be performed, and accompanying 
statement submitted, prior to any deployment occurring after the 
expiration of the statement.
    (3) Certificates of insurance. Copies of ``certificates of 
insurance,'' that names the Northwest Fisheries Science Center Observer 
Program manager as the ``certificate holder,'' shall be submitted to 
the Observer Program Office by February 1 of each year. The 
certificates of insurance shall verify the following coverage 
provisions and state that the insurance company will notify the 
certificate holder if insurance coverage is changed or canceled.
    (i) Maritime Liability to cover ``seamen's'' claims under the 
Merchant Marine Act (Jones Act) and General Maritime Law ($1 million 
minimum).
    (ii) Coverage under the U.S. Longshore and Harbor Workers' 
Compensation Act ($1 million minimum).
    (iii) States Worker's Compensation as required.
    (iv) Commercial General Liability.
    (4) Observer provider contracts. If requested, observer providers 
must submit to the Observer Program Office a completed and unaltered 
copy of each type of signed and valid contract (including all 
attachments, appendices, addendums, and exhibits incorporated into the 
contract) between the observer provider and those entities requiring 
observer services under paragraph (j)(1)(i) of this section. Observer 
providers must also submit to the Observer Program Office upon request, 
a completed and unaltered copy of the current or most recent signed and 
valid contract (including all attachments, appendices, addendums, and 
exhibits incorporated into the contract and any agreements or policies 
with regard to observer compensation or salary levels) between the 
observer provider and the particular entity identified by the Observer 
Program or with specific observers. The copies must be submitted to the 
Observer Program Office via fax or mail within 5 business days of the 
request. Signed and valid contracts include the contracts an observer 
provider has with:
    (i) Vessels required to have observer coverage as specified at 
paragraph (j)(1)(i) of this section; and
    (ii) Observers.
    (5) Change in observer provider management and contact information. 
An observer provider must submit to the Observer Program office any 
change of management or contact information as required at Sec.  
660.18(f).
    (6) Biological samples. The observer provider must ensure that 
biological samples are stored/handled properly prior to delivery/
transport to NMFS.
    (7) Observer status report. Observer providers must provide NMFS 
with an updated list of observer trip per Observer Program protocol. 
Trip information includes observer provider name, observer last name, 
observer first name, trip start date, trip end date, status of 
observer, vessel name, and vessel identification number.
    (8) Other information. An observer provider must submit to NMFS, if 
requested, copies of any information developed and used by the observer 
providers distributed to vessels, such as informational pamphlets, 
payment notification, description of observer duties, etc.
    (9) Other reports. Reports of the following must be submitted in 
writing to the Observer Program Office by the observer provider via fax 
or email address designated by the Observer Program Office within 24 
hours after the observer provider becomes aware of the information:
    (i) Any information regarding possible observer harassment;
    (ii) Any information regarding any action prohibited under Sec.  
660.12(e); Sec.  660.112(a)(4); or Sec.  600.725(o), (t) and (u) of 
this chapter;
    (iii) Any concerns about vessel safety or marine casualty under 46 
CFR 4.05-1(a)(1) through (7);
    (iv) Any observer illness or injury that prevents the observer from 
completing any of his or her duties described in the observer manual; 
and
    (v) Any information, allegations or reports regarding observer 
conflict of interest or breach of the standards of behavior described 
in observer provider policy.
    (xii) Replace lost or damaged gear. Lost or damaged gear issued to 
an observer by NMFS must be replaced by the observer provider. All 
replacements must be provided to NMFS and be in accordance with 
requirements and procedures identified in writing by the Observer 
Program Office.

[[Page 22295]]

    (xiii) Maintain confidentiality of information. An observer 
provider must ensure that all records on individual observer 
performance received from NMFS under the routine use provision of the 
Privacy Act under 5 U.S.C. 552a or as otherwise required by law remain 
confidential and are not further released to any person outside the 
employ of the observer provider company to whom the observer was 
contracted except with written permission of the observer.
    (xiv) Limitations on conflict of interest. Observer providers must 
meet limitations on conflict of interest. Observer providers:
    (A) Must not have a direct financial interest, other than the 
provision of observer, catch monitor or other biological sampling 
services, in any federal or state managed fisheries, including but not 
limited to:
    (1) Any ownership, mortgage holder, or other secured interest in a 
vessel, or shoreside processor facility involved in the catching, 
taking, harvesting or processing of fish,
    (2) Any business involved with selling supplies or services to any 
vessel or shoreside processors participating in a fishery managed 
pursuant to an FMP in the waters off the coasts of Alaska, California, 
Oregon, and Washington, or
    (3) Any business involved with purchasing raw or processed products 
from any vessel or shoreside processor participating in a fishery 
managed pursuant to an FMP in the waters off the coasts of Alaska, 
California, Oregon, and Washington.
    (B) Must assign observers without regard to any preference by 
representatives of vessels other than when an observer will be 
deployed.
    (C) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value except for compensation for providing observer services from any 
person who conducts fishing or fish processing activities that are 
regulated by NMFS in the Pacific coast or North Pacific regions, or who 
has interests that may be substantially affected by the performance or 
nonperformance of the official duties of observer providers.
    (xv) Observer conduct and behavior. An observer provider must 
develop and maintain a policy addressing observer conduct and behavior 
for their employees that serve as observers. The policy shall address 
the following behavior and conduct regarding:
    (A) Observer use of alcohol;
    (B) Observer use, possession, or distribution of illegal drugs in 
violation of applicable law; and
    (C) Sexual contact with personnel of the vessel or processing 
facility to which the observer is assigned, or with any vessel or 
processing plant personnel who may be substantially affected by the 
performance or non-performance of the observer's official duties.
    (D) An observer provider shall provide a copy of its conduct and 
behavior policy by February 1 of each year, to: observers, observer 
candidates and the Observer Program Office.
    (xvi) Refusal to deploy an observer. Observer providers may refuse 
to deploy an observer on a requesting vessel if the observer provider 
has determined that the requesting vessel is inadequate or unsafe 
pursuant to those regulations described at Sec.  600.746 of this 
chapter or U.S. Coast Guard and other applicable rules, regulations, 
statutes, or guidelines pertaining to safe operation of the vessel.
    (5) Observer certification and responsibilities--(i) Applicability. 
Observer certification authorizes an individual to fulfill duties as 
specified in writing by the NMFS Observer Program Office while under 
the employ of a NMFS-permitted observer provider and according to 
certification endorsements as designated under paragraph (j)(6)(iii) of 
this section.
    (ii) Observer certification official. The Regional Administrator 
will designate a NMFS observer certification official who will make 
decisions for the Observer Program Office on whether to issue or deny 
observer certifications and endorsements.
    (iii) Certification requirements--(A) Initial certification. NMFS 
may certify individuals who, in addition to any other relevant 
considerations:
    (1) Are employed by an observer provider company permitted pursuant 
to Sec.  660.16 at the time of the issuance of the certification;
    (2) Have provided, through their observer provider:
    (i) Information identified by NMFS at Sec.  679.52(b) of this 
chapter regarding an observer candidate's health and physical fitness 
for the job;
    (ii) Meet all observer education and health standards as specified 
in Sec.  679.52(b) of this chapter; and
    (iii) Have successfully completed NMFS-approved training as 
prescribed by the Observer Program. Successful completion of training 
by an observer applicant consists of meeting all attendance and conduct 
standards issued in writing at the start of training; meeting all 
performance standards issued in writing at the start of training for 
assignments, tests, and other evaluation tools; and completing all 
other training requirements established by the Observer Program.
    (iv) Have not been decertified under paragraph (j)(5)(ix) of this 
section, or pursuant to Sec.  679.53(c) of this chapter.
    (B) [Reserved]
    (iv) Denial of a certification. The NMFS observer certification 
official will issue a written determination denying observer 
certification if the candidate fails to successfully complete training, 
or does not meet the qualifications for certification for any other 
relevant reason.
    (v) Issuance of an observer certification. An observer 
certification will be issued upon determination by the observer 
certification official that the candidate has successfully met all 
requirements for certification as specified at paragraph (j)(6)(iii) of 
this section. The following endorsements must be obtained, in addition 
to observer certification, in order for an observer to deploy.
    (A) MS vessels--(1) North Pacific Groundfish Observer Program 
certification training endorsement. A certification training 
endorsement signifies the successful completion of the training course 
required to obtain observer certification. This endorsement expires 
when the observer has not been deployed and performed sampling duties 
as required by the Observer Program Office for a period of time, 
specified by the Observer Program, after his or her most recent 
debriefing. The observer can renew the endorsement by successfully 
completing certification training once more.
    (2) North Pacific Groundfish Observer Program annual general 
endorsements. Each observer must obtain an annual general endorsement 
to their certification prior to his or her first deployment within any 
calendar year subsequent to a year in which a certification training 
endorsement is obtained. To obtain an annual general endorsement, an 
observer must successfully complete the annual briefing, as specified 
by the Observer Program. All briefing attendance, performance, and 
conduct standards required by the Observer Program must be met.
    (3) North Pacific Groundfish Observer Program deployment 
endorsements. Each observer who has completed an initial deployment 
after certification or annual briefing must receive a deployment 
endorsement to their certification prior to any subsequent deployments 
for the remainder of that year. An observer may obtain a deployment 
endorsement by successfully completing all pre-cruise briefing 
requirements. The type of briefing the observer must attend and 
successfully complete will be specified

[[Page 22296]]

in writing by the Observer Program during the observer's most recent 
debriefing.
    (4) At-Sea Hake Observer Program endorsements. A Pacific whiting 
fishery endorsement is required for purposes of performing observer 
duties aboard vessels that process groundfish at sea in the Pacific 
whiting fishery. A Pacific whiting fishery endorsement to an observer's 
certification may be obtained by meeting the following requirements:
    (i) Have a valid North Pacific groundfish observer certification;
    (ii) Receive an evaluation by NMFS for his or her most recent 
deployment that indicated that the observer's performance met Observer 
Program expectations for that deployment; successfully complete any 
required briefings as prescribed by the Observer Program; and comply 
with all of the other requirements of this section.
    (B) Catcher vessels. The following endorsements as prescribed by 
the Observer Program must be obtained in addition to observer 
certification, in order for an observer to deploy.
    (1) West Coast Groundfish Observer Program training endorsement. A 
training endorsement signifies the successful completion of the 
training course required to obtain observer certification. This 
endorsement expires when the observer has not been deployed and 
performed sampling duties as required by the Observer Program office 
for a period of time, specified by the Observer Program, after his or 
her most recent debriefing. The observer can renew the endorsement by 
successfully completing training once more.
    (2) West Coast Groundfish Observer Program annual general 
endorsement. Each observer must obtain an annual general endorsement to 
their certification prior to his or her first deployment within any 
calendar year subsequent to a year in which a training certification 
endorsement is obtained. To obtain an annual general endorsement, an 
observer must successfully complete the annual briefing, as specified 
by the Observer Program. All briefing attendance, performance, and 
conduct standards required by the Observer Program must be met.
    (3) West Coast Groundfish Observer Program deployment endorsement. 
Each observer who has completed an initial deployment, as defined by 
the Observer Program, after receiving a training endorsement or annual 
general endorsement, must complete all applicable debriefing 
requirements specified by the Observer Program. A deployment 
endorsement is issued to observers who meet the performance standards 
specified by the Observer Program. A deployment endorsement must be 
obtained prior to any subsequent deployments for the remainder of that 
calendar year. If a deployment endorsement is not issued, certification 
training must be repeated.
    (vi) Maintaining the validity of an observer certification. After 
initial issuance, an observer must keep their certification valid by 
meeting all of the following requirements specified below:
    (A) MS vessels. (1) Successfully perform their assigned duties as 
described in the observer manual or other written instructions from the 
Observer Program.
    (2) Accurately record their sampling data, write complete reports, 
and report accurately any observations of suspected violations of 
regulations relevant to conservation of marine resources or their 
environment.
    (3) Not disclose collected data and observations made on board the 
vessel or in the processing facility to any person except the owner or 
operator of the observed vessel or an authorized officer or NMFS.
    (4) Successfully complete any required briefings as prescribed by 
the At-Sea Hake Observer Program.
    (5) Successful completion of briefing by an observer applicant 
consists of meeting all attendance and conduct standards issued in 
writing at the start of training; meeting all performance standards 
issued in writing at the start of training for assignments, tests, and 
other evaluation tools; and completing all other briefing requirements 
established by the Observer Program.
    (6) Successfully meet all debriefing expectations including meeting 
Observer Program performance standards reporting for assigned 
debriefings or interviews.
    (7) Submit all data and information required by the Observer 
Program within the program's stated guidelines.
    (B) Catcher vessels. After initial issuance, an observer must keep 
their certification valid by meeting all of the following requirements 
specified below:
    (1) Successfully perform their assigned duties as described in the 
observer manual or other written instructions from the Observer 
Program.
    (2) Accurately record their sampling data, write complete reports, 
and report accurately any observations of suspected violations of 
regulations relevant to conservation of marine resources or their 
environment.
    (3) Not disclose collected data and observations made on board the 
vessel or in the processing facility to any person except the owner or 
operator of the observed vessel or an authorized officer or NMFS.
    (4) Successfully complete any required trainings or briefings as 
prescribed by the Observer Program.
    (5) Successful completion of briefing by an observer applicant 
consists of meeting all attendance and conduct standards issued in 
writing at the start of training; meeting all performance standards 
issued in writing at the start of training for assignments, tests, and 
other evaluation tools; and completing all other briefing requirements 
established by the Observer Program.
    (6) Hold current a Red Cross (or equivalent) basic cardiopulmonary 
resuscitation/first aid certification.
    (7) Successfully meet all expectations in all debriefings including 
reporting for assigned debriefings or interviews and meeting program 
standards.
    (8) Submit all data and information required by the observer 
program within the program's stated guidelines.
    (9) Meet the minimum annual deployment period of 45 days every 12 
months. On a case-by case basis, the Observer Program may consider 
waiving the 45 day requirement.
    (vii) Limitations on conflict of interest. Observers:
    (A) Must not have a direct financial interest, other than the 
provision of observer services or catch monitor services, in a North 
Pacific fishery managed pursuant to an FMP for the waters off the coast 
of Alaska, Alaska state waters, or in a Pacific Coast fishery managed 
by either the state or Federal Governments in waters off Washington, 
Oregon, or California, including but not limited to:
    (1) Any ownership, mortgage holder, or other secured interest in a 
vessel, shore-based or floating stationary processor facility involved 
in the catching, taking, harvesting or processing of fish,
    (2) Any business involved with selling supplies or services to any 
vessel, shore-based or floating stationary processing facility; or
    (3) Any business involved with purchasing raw or processed products 
from any vessel, shore-based or floating stationary processing 
facilities.
    (B) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from any person who either conducts activities that are regulated 
by NMFS in the Pacific coast or North Pacific regions or has interests 
that may be substantially affected by the performance or nonperformance 
of the observers' official duties.
    (C) May not serve as observers on any vessel or at any shore-based 
or floating

[[Page 22297]]

stationary processor owned or operated by a person who employed the 
observer in the last two years.
    (D) May not solicit or accept employment as a crew member or an 
employee of a vessel or shore-based or floating stationary processor 
while employed by an observer provider.
    (E) Provisions for remuneration of observers under this section do 
not constitute a conflict of interest.
    (viii) Standards of behavior. Observers must:
    (A) Perform their assigned duties as described in the observer 
manual or other written instructions from the Observer Program Office.
    (B) Accurately record their sampling data, write complete reports, 
and report accurately any observations of suspected violations of 
regulations relevant to conservation of marine resources or their 
environment.
    (C) Not disclose collected data and observations made on board the 
vessel to any person except the owner or operator of the observed 
vessel, an authorized officer, or NMFS.
    (D) Not disclose collected data and observations made on board the 
vessel to any person except the owner or operator of the observed 
vessel, an authorized officer, or NMFS.
    (ix) Suspension and decertification--(A) Suspension and 
decertification review official. The Regional Administrator (or a 
designee) will designate an observer suspension and decertification 
review official(s), who will have the authority to review observer 
certifications and issue IADs of observer certification suspension and/
or decertification.
    (B) Causes for suspension or decertification. The suspension/
decertification official may initiate suspension or decertification 
proceedings against an observer:
    (1) When it is alleged that the observer has not met applicable 
standards, including any of the following:
    (i) Failed to satisfactorily perform duties of observers as 
specified in writing by the NMFS Observer Program; or
    (ii) Failed to abide by the standards of conduct for observers, 
including conflicts of interest;
    (2) Upon conviction of a crime or upon entry of a civil judgment 
for:
    (i) Commission of fraud or other violation in connection with 
obtaining or attempting to obtain certification, or in performing the 
duties as specified in writing by the NMFS Observer Program;
    (ii) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, or 
receiving stolen property;
    (iii) Commission of any other offense indicating a lack of 
integrity or honesty that seriously and directly affects the fitness of 
observers.
    (C) Issuance of an IAD. Upon determination that suspension or 
decertification is warranted, the suspension/decertification official 
will issue a written IAD to the observer via certified mail at the 
observer's most current address provided to NMFS. The IAD will identify 
whether a certification is suspended or revoked and will identify the 
specific reasons for the action taken. Decertification is effective 30 
calendar days after the date on the IAD, unless there is an appeal.
    (D) Appeals. A certified observer who receives an IAD that suspends 
or revokes his or her observer certification may appeal the 
determination within 30 calendar days after the date on the IAD to the 
Office of Administrative Appeals pursuant to Sec.  660.19.
* * * * *

0
13. In Sec.  660.160:
0
a. Revise paragraphs (b)(1)(ii) introductory text, (b)(1)(ii)(A), 
(b)(1)(ii)(C), (c)(5), (g)(1), (g)(2)(ii)(B), (g)(2)(iii), (g)(2)(ix) 
introductory text, and (g)(3);
0
b. Add paragraph (g)(2)(xi);
0
c. Remove paragraph (g)(4);
0
d. Redesignate paragraphs (g)(5) and (g)(6) as (g)(4) and (g)(5), 
respectively;
0
e. Revise newly redesignated paragraphs (g)(4)(ii), (g)(4)(iii)(A) and 
(E), (g)(4)(iv) and (v), (g)(4)(vii), (g)(4)(ix), (g)(4)(xi) through 
(xvi), (g)(5)(i) and (ii), (g)(5)(iii)(A)(2), (g)(5)(v)(D), (g)(5)(vi), 
(g)(5)(vii)(A), and (g)(5)(viii) and (ix).
    The revisions and addition read as follows:


Sec.  660.160  Catcher/processor (C/P) Coop Program.

* * * * *
    (b) * * *
    (1) * * *
    (ii) C/P vessel responsibilities. The owner and operator of a C/P 
vessel must:
    (A) Recordkeeping and reporting. Maintain a valid declaration as 
specified at Sec.  660.13(d); maintain records as specified at Sec.  
660.113(a); and maintain and submit all records and reports specified 
at Sec.  660.113(d) including, economic data, scale tests records, and 
cost recovery.
* * * * *
    (C) Catch weighing requirements. The owner and operator of a C/P 
vessel must ensure that all catch is weighed in its round form on a 
NMFS-approved scale that meets the requirements described in Sec.  
660.15(b).
* * * * *
    (c) * * *
    (5) Non-whiting groundfish species reapportionment. The Regional 
Administrator may make available for harvest to the mothership sector 
of the Pacific whiting fishery, the amounts of the catcher/processor 
sector's non-whiting catch allocation remaining when the catcher/
processor sector reaches its Pacific whiting allocation or participants 
in the catcher/processor sector do not intend to harvest the remaining 
sector allocation. If participants in the sector do not intend to 
harvest the sector's remaining allocation, the designated coop manager 
must submit a cease fishing report to NMFS indicating that harvesting 
has concluded for the year. At any time after greater than 80 percent 
of the catcher/processor sector Pacific whiting allocation has been 
harvested, the Regional Administrator may contact the designated coop 
manager to determine whether they intend to continue fishing. When 
considering redistribution of non-whiting catch allocation, the 
Regional Administrator will take into consideration the best available 
data on total projected fishing impacts.
* * * * *
    (g) * * *
    (1) Observer coverage requirements--(i) Coverage. The following 
observer coverage pertains to certified observers obtained from an 
observer provider permitted by NMFS. Any vessel registered to a C/P-
endorsed limited entry trawl permit that is 125 ft (38.1 m) LOA or 
longer must carry two certified observers, and any vessel registered to 
a C/P-endorsed limited entry trawl permit that is shorter than 125 ft 
(38.1 m) LOA must carry one certified observer, each day that the 
vessel is used to take, retain, receive, land, process, or transport 
groundfish.
    (ii) Observer workload. The time required for the observer to 
complete sampling duties must not exceed 12 consecutive hours in each 
24-hour period.
    (iii) Refusal to board. Any boarding refusal on the part of the 
observer or vessel must be reported to the Observer Program and OLE by 
the observer provider. The observer must be available for an interview 
with the Observer Program or OLE if necessary.
    (2) * * *
    (ii) * * *
    (B) Have on board a valid Commercial Fishing Vessel Safety Decal 
that certifies compliance with regulations found in 33 CFR chapter I 
and 46 CFR chapter I,

[[Page 22298]]

a certificate of compliance issued pursuant to 46 CFR 28.710 or a valid 
certificate of inspection pursuant to 46 U.S.C. 3311. Maintain safe 
conditions on the vessel for the protection of observer(s) including 
adherence to all USCG and other applicable rules, regulations, or 
statutes pertaining to safe operation of the vessel, and provisions at 
Sec. Sec.  600.725 and 600.746 of this chapter.
    (iii) Computer hardware and software. C/P vessels must:
    (A) Provide hardware and software pursuant to regulations at Sec.  
679.51 (e)(iii)(B) of this chapter.
    (B) Provide the observer(s) access to a computer required under 
paragraph (g)(2)(iii) of this section that is connected to a 
communication device that provides a point-to-point connection to the 
NMFS host computer.
    (C) Ensure that the C/P vessel has installed the most recent 
release of NMFS data entry software, or other approved software prior 
to the vessel receiving, catching or processing IFQ species.
    (D) Ensure that the communication equipment required in paragraph 
(g)(2)(iii) of this section and used by observers to enter and transmit 
data, is fully functional and operational. ``Functional'' means that 
all the tasks and components of the NMFS supplied, or other approved, 
software described at paragraph (g)(2)(iii) of this section and the 
data transmissions to NMFS can be executed effectively aboard the 
vessel by the communications equipment.
* * * * *
    (ix) Sampling station and operational requirements for C/P vessels. 
This paragraph contains the requirements for observer sampling 
stations. To allow the observer to carry out the required duties, the 
vessel owner must provide an observer sampling station that meets the 
following requirements:
* * * * *
    (xi) Housing on vessel in port. During all periods an observer is 
housed on a vessel, the vessel operator must ensure that at least one 
crew member is aboard.
    (3) Procurement of observer services. Owners of vessels required to 
carry observers under paragraph (g)(1) of this section must arrange for 
observer services from an observer provider permitted by NMFS, except 
that:
    (i) Vessels are required to procure observer services directly from 
the Observer Program when NMFS has determined and given notification 
that the vessel must carry NMFS staff or an individual authorized by 
NMFS in lieu of an observer provided by an observer provider.
    (ii) Vessels are required to procure observer services directly 
from the Observer Program and an observer provider when NMFS has 
determined and given notification that the vessel must carry NMFS staff 
and/or individuals authorized by NMFS, in addition to an observer 
provided by an observer provider.
    (4) * * *
    (ii) Hiring an observer candidate. (A) The observer provider must 
provide the candidate a copy of NMFS-provided pamphlets, information 
and other literature describing observer duties (i.e. The At-Sea Hake 
Observer Program's Observer Manual) prior to hiring an observer 
candidate. Observer job information is available from the Observer 
Program Office's Web site at http://www.nwfsc.noaa.gov/research/divisions/fram/observer/index.cfm.
    (B) The observer provider must have a written contract or a written 
contract addendum that is signed by the observer and observer provider 
prior to the observer's deployment with the following clauses:
    (1) That the observer will return all phone calls, emails, text 
messages, or other forms of communication within the time specified by 
the Observer Program;
    (2) That the observer inform the observer provider prior to the 
time of embarkation if he or she is experiencing any new mental illness 
or physical ailments or injury since submission of the physician's 
statement as required as a qualified observer candidate that would 
prevent him or her from performing their assigned duties.
    (iii) * * *
    (A) Submit to NMFS all data, logbooks and reports as required by 
the observer manual;
* * * * *
    (E) Immediately report to the Observer Program Office and the OLE 
any refusal to board an assigned vessel.
    (iv) Observers provided to vessel. Observers provided to C/P 
vessels:
    (A) Must have a valid North Pacific groundfish observer 
certification with required endorsements and an At-Sea Hake Observer 
Program endorsement;
    (B) Must not have informed the observer provider prior to the time 
of embarkation that he or she is experiencing a mental illness or a 
physical ailment or injury developed since submission of the 
physician's statement that would prevent him or her from performing his 
or her assigned duties; and
    (C) Must have successfully completed all NMFS required training and 
briefing before deployment.
    (v) Respond to industry requests for observers. An observer 
provider must provide an observer for deployment as requested pursuant 
to the contractual relationship with the vessel to fulfill vessel 
requirements for observer coverage specified under paragraph (g)(1) of 
this section. An alternate observer must be supplied in each case where 
injury or illness prevents the observer from performing his or her 
duties or where the observer resigns prior to completion of his or her 
duties. If the observer provider is unable to respond to an industry 
request for observer coverage from a vessel for whom the observer 
provider is in a contractual relationship due to lack of available 
observers by the estimated embarking time of the vessel, the observer 
provider must report it to the Observer Program at least four hours 
prior to the vessel's estimated embarking time.
* * * * *
    (vii) Provide observer deployment logistics. An observer provider 
must provide to each of its observers under contract:
    (A) All necessary transportation, including arrangements and 
logistics, to the initial location of deployment, to all subsequent 
vessel assignments during that deployment, and to and from the location 
designated for an observer to be interviewed by the Observer Program; 
and
    (B) Lodging, per diem, and any other services necessary to 
observers assigned to fishing vessels.
    (1) An observer under contract may be housed on a vessel to which 
he or she is assigned:
    (i) Prior to their vessel's initial departure from port;
    (ii) For a period not to exceed 24 hours following the completion 
of an offload when the observer has duties and is scheduled to 
disembark; or
    (iii) For a period not to exceed 24 hours following the vessel's 
arrival in port when the observer is scheduled to disembark.
    (2) [Reserved]
    (C) An observer under contract who is between vessel assignments 
must be provided with shoreside accommodations in accordance with the 
contract between the observer and the observer provider. If the 
observer provider is providing accommodations, it must be at a licensed 
hotel, motel, bed and breakfast, or other shoreside accommodations for 
the duration of each period between vessel or shoreside assignments. 
Such accommodations must include an assigned bed for each observer and 
no other person may be

[[Page 22299]]

assigned that bed for the duration of that observer's stay. 
Additionally, no more than four beds may be in any room housing 
observers at accommodations meeting the requirements of this section.
* * * * *
    (ix) Verify vessel's Commercial Fishing Vessel Safety Decal. An 
observer provider must ensure that the observer completes an observer 
vessel safety checklist, and verify that a vessel has a valid USCG 
Commercial Fishing Vessel Safety decal as required under paragraph 
(h)(2)(ii)(B) of this section prior to the observer embarking on the 
first trip and before an observer may get underway aboard the vessel. 
The provider must submit all vessel safety checklists to the Observer 
Program, as specified by Observer Program policy. One of the following 
acceptable means of verification must be used to verify the decal 
validity:
    (A) The observer provider or employee of the observer provider, 
including the observer, visually inspects the decal aboard the vessel 
and confirms that the decal is valid according to the decal date of 
issuance; or
    (B) The observer provider receives a hard copy of the USCG 
documentation of the decal issuance from the vessel owner or operator.
* * * * *
    (xi) Maintain communications with the Observer Program Office. An 
observer provider must provide all of the following information by 
electronic transmission (email), fax, or other method specified by 
NMFS.
    (A) Observer training and briefing. Observer training and briefing 
registration materials must be submitted to the Observer Program Office 
at least 5 business days prior to the beginning of a scheduled observer 
at-sea hake training or briefing session. Registration materials 
consist of the following: The date of requested training or briefing 
with a list of observers including each observer's full name (i.e., 
first, middle and last names).
    (B) Observer debriefing registration. The observer provider must 
contact the Observer Program within 5 business days after the 
completion of an observer's deployment to schedule a date, time and 
location for debriefing. Observer debriefing registration information 
must be provided at the time of debriefing scheduling and must include 
the observer's name, cruise number, vessel name(s) and code(s), and 
requested debriefing date.
    (C) Observer provider contracts. If requested, observer providers 
must submit to the Observer Program Office a completed and unaltered 
copy of each type of signed and valid contract (including all 
attachments, appendices, addendums, and exhibits incorporated into the 
contract) between the observer provider and those entities requiring 
observer services under paragraph (g)(1) of this section. Observer 
providers must also submit to the Observer Program Office upon request, 
a completed and unaltered copy of the current or most recent signed and 
valid contract (including all attachments, appendices, addendums, and 
exhibits incorporated into the contract and any agreements or policies 
with regard to observer compensation or salary levels) between the 
observer provider and the particular entity identified by the Observer 
Program or with specific observers. The copies must be submitted to the 
Observer Program Office via fax or mail within 5 business days of the 
request. Signed and valid contracts include the contracts an observer 
provider has with:
    (1) Vessels required to have observer coverage as specified at 
paragraph (g)(1) of this section; and
    (2) Observers.
    (D) Change in observer provider management and contact information. 
Observer providers must submit notification of any other change to 
provider contact information, including but not limited to, changes in 
contact name, phone number, email address, and address.
    (E) Other reports. Reports of the following must be submitted in 
writing to the Observer Program Office by the observer provider via fax 
or email address designated by the Observer Program Office within 24 
hours after the observer provider becomes aware of the information:
    (1) Any information regarding possible observer harassment;
    (2) Any information regarding any action prohibited under 
Sec. Sec.  660.12(e), 660.112 or 600.725(o), (t) and (u) of this 
chapter;
    (3) Any concerns about vessel safety or marine casualty under 46 
CFR 4.05-1(a)(1) through (7);
    (4) Any observer illness or injury that prevents the observer from 
completing any of his or her duties described in the observer manual; 
and
    (5) Any information, allegations or reports regarding observer 
conflict of interest or breach of the standards of behavior described 
in observer provider policy.
    (xii) Replace lost or damaged gear. Lost or damaged gear issued to 
an observer by NMFS must be replaced by the observer provider. All 
replacements must be provided to NMFS and be in accordance with 
requirements and procedures identified in writing by the Observer 
Program Office.
    (xiii) Maintain confidentiality of information. An observer 
provider must ensure that all records on individual observer 
performance received from NMFS under the routine use provision of the 
Privacy Act 5 U.S.C. 552a or other applicable law remain confidential 
and are not further released to any person outside the employ of the 
observer provider company to whom the observer was contracted except 
with written permission of the observer.
    (xiv) Limitations on conflict of interest. An observer provider 
must meet limitations on conflict of interest. Observer providers:
    (A) Must not have a direct financial interest, other than the 
provision of observer, catch monitor or other biological sampling 
services, in any federal or state managed fisheries, including but not 
limited to:
    (1) Any ownership, mortgage holder, or other secured interest in a 
vessel or shoreside processor facility involved in the catching, 
taking, harvesting or processing of fish,
    (2) Any business involved with selling supplies or services to any 
vessel or shoreside processors participating in a fishery managed 
pursuant to an FMP in the waters off the coasts of Alaska, California, 
Oregon, and Washington, or
    (3) Any business involved with purchasing raw or processed products 
from any vessel or shoreside processor participating in a fishery 
managed pursuant to an FMP in the waters off the coasts of Alaska, 
California, Oregon, and Washington.
    (B) Must assign observers without regard to any preference by 
representatives of vessels other than when an observer will be 
deployed.
    (C) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value except for compensation for providing observer services from any 
person who conducts fishing or fish processing activities that are 
regulated by NMFS, or who has interests that may be substantially 
affected by the performance or nonperformance of the official duties of 
observer providers.
    (xv) Observer conduct and behavior. An observer provider must 
develop and maintain a policy addressing observer conduct and behavior 
for their employees that serve as observers. The policy shall address 
the following behavior and conduct:
    (A) Observer use of alcohol;
    (B) Observer use, possession, or distribution of illegal drugs in 
violation of applicable law; and

[[Page 22300]]

    (C) Sexual contact with personnel of the vessel or processing 
facility to which the observer is assigned, or with any vessel or 
processing plant personnel who may be substantially affected by the 
performance or non-performance of the observer's official duties.
    (D) An observer provider shall provide a copy of its conduct and 
behavior policy by February 1 of each year, to observers, observer 
candidates, and the Observer Program Office.
    (xvi) Refusal to deploy an observer. Observer providers may refuse 
to deploy an observer on a requesting vessel if the observer provider 
has determined that the requesting vessel is inadequate or unsafe 
pursuant to those regulations described at Sec.  600.746 of this 
chapter or U.S. Coast Guard and other applicable rules, regulations, 
statutes, or guidelines pertaining to safe operation of the vessel.
    (5) * * *
    (i) Applicability. Observer certification authorizes an individual 
to fulfill duties as specified in writing by the Observer Program 
Office while under the employ of an observer provider and according to 
certification endorsements as designated under paragraph (g)(5)(iii) of 
this section.
    (ii) Observer certification official. The Regional Administrator 
will designate a NMFS observer certification official who will make 
decisions for the Observer Program Office on whether to issue or deny 
observer certifications and endorsements.
    (iii) * * *
    (A) * * *
    (2) Have provided, through their observer provider:
    (i) Information set forth at Sec.  679.52(b) of this chapter 
regarding an observer candidate's health and physical fitness for the 
job;
    (ii) Meet all observer education and health standards as specified 
in Sec.  679.52(b) of this chapter; and
    (iii) Have successfully completed NMFS-approved training as 
prescribed by the Observer Program. Successful completion of training 
by an observer applicant consists of meeting all attendance and conduct 
standards issued in writing at the start of training; meeting all 
performance standards issued in writing at the start of training for 
assignments, tests, and other evaluation tools; and completing all 
other training requirements established by the Observer Program.
    (iv) Have not been decertified under paragraph (g)(5)(ix) of this 
section, or pursuant to Sec.  679.53(c) of this chapter.
* * * * *
    (v) * * *
    (D) At-Sea Hake Observer Program endorsements. A Pacific whiting 
fishery endorsement is required for purposes of performing observer 
duties aboard vessels that process groundfish at sea in the Pacific 
whiting fishery. A Pacific whiting fishery endorsement to an observer's 
certification may be obtained by meeting the following requirements:
    (1) Have a valid North Pacific groundfish observer certification.
    (2) Receive an evaluation by NMFS for his or her most recent 
deployment that indicated that the observer's performance met Observer 
Program expectations for that deployment;
    (3) Successfully complete any required briefings as prescribed by 
the Observer Program; and
    (4) Comply with all of the other requirements of this section.
    (vi) Maintaining the validity of an observer certification. After 
initial issuance, an observer must keep their certification valid by 
meeting all of the following requirements specified below:
    (A) Successfully perform their assigned duties as described in the 
observer manual or other written instructions from the Observer 
Program.
    (B) Accurately record their sampling data, write complete reports, 
and report accurately any observations of suspected violations of 
regulations relevant to conservation of marine resources or their 
environment.
    (C) Not disclose collected data and observations made on board the 
vessel or in the processing facility to any person except the owner or 
operator of the observed vessel or an authorized officer or NMFS.
    (D) Successfully complete any required briefings as prescribed by 
the At-Sea Hake Observer Program.
    (E) Successful completion of briefing by an observer applicant 
consists of meeting all attendance and conduct standards issued in 
writing at the start of training; meeting all performance standards 
issued in writing at the start of training for assignments, tests, and 
other evaluation tools; and completing all other briefing requirements 
established by the Observer Program.
    (F) Successfully meet all debriefing expectations including meeting 
Observer Program performance standards reporting for assigned 
debriefings or interviews.
    (G) Submit all data and information required by the Observer 
Program within the program's stated guidelines.
    (vii) * * *
    (A) Must not have a direct financial interest, other than the 
provision of observer services or catch monitor services, in a North 
Pacific fishery managed pursuant to an FMP for the waters off the coast 
of Alaska, Alaska state waters, or in a Pacific Coast fishery managed 
by either the state or Federal Governments in waters off Washington, 
Oregon, or California, including but not limited to:
    (1) Any ownership, mortgage holder, or other secured interest in a 
vessel, shore-based or floating stationary processor facility involved 
in the catching, taking, harvesting or processing of fish,
    (2) Any business involved with selling supplies or services to any 
vessel, shore-based or floating stationary processing facility; or
    (3) Any business involved with purchasing raw or processed products 
from any vessel, shore-based or floating stationary processing 
facilities.
* * * * *
    (viii) Standards of behavior. Observers must:
    (A) Perform their assigned duties as described in the observer 
manual or other written instructions from the Observer Program Office.
    (B) Accurately record their sampling data, write complete reports, 
and report accurately any observations of suspected violations of 
regulations relevant to conservation of marine resources or their 
environment.
    (C) Not disclose collected data and observations made on board the 
vessel to any person except the owner or operator of the observed 
vessel, an authorized officer, or NMFS.
    (ix) Suspension and decertification-- (A) Suspension and 
decertification review official. The Regional Administrator (or a 
designee) will designate an observer suspension and decertification 
review official(s), who will have the authority to review observer 
certifications and issue IADs of observer certification suspension and/
or decertification.
    (B) Causes for suspension or decertification. The suspension/
decertification official may initiate suspension or decertification 
proceedings against an observer:
    (1) When it is alleged that the observer has committed any acts or 
omissions of any of the following: Failed to satisfactorily perform the 
duties of observers as specified in writing by the Observer Program; or 
failed to abide by the standards of conduct for observers (including 
conflicts of interest);
    (2) Upon conviction of a crime or upon entry of a civil judgment 
for: Commission of fraud or other violation in connection with 
obtaining or attempting to obtain certification, or in performing the 
duties as specified in

[[Page 22301]]

writing by the Observer Program; commission of embezzlement, theft, 
forgery, bribery, falsification or destruction of records, making false 
statements, or receiving stolen property; or commission of any other 
offense indicating a lack of integrity or honesty that seriously and 
directly affects the fitness of observers.
    (C) Issuance of an IAD. Upon determination that suspension or 
decertification is warranted, the suspension/decertification official 
will issue a written IAD to the observer via certified mail at the 
observer's most current address provided to NMFS. The IAD will identify 
whether a certification is suspended or revoked and will identify the 
specific reasons for the action taken. Decertification is effective 30 
calendar days after the date on the IAD, unless there is an appeal.
    (D) Appeals. A certified observer who receives an IAD that suspends 
or revokes the observer certification may appeal the determination 
within 30 calendar days after the date on the IAD to the Office of 
Administrative Appeals pursuant to Sec.  660.19.
* * * * *

0
14. In Sec.  660.216, revise paragraphs (a) through (d), (e)(2), 
(e)(3)(i), and (f) to read as follows:


Sec.  660.216  Fixed gear fishery--observer requirements.

    (a) Observer coverage requirements--(1) Harvesting vessels. When 
NMFS notifies the owner, operator, permit holder, or the manager of a 
harvesting vessel of any requirement to carry an observer, the 
harvesting vessel may not be used to fish for groundfish without 
carrying an observer.
    (2) Processing vessels. Unless specified otherwise by the Observer 
Program, any vessel 125 ft (38.1 m) LOA or longer that is engaged in 
at-sea processing must carry two certified observers procured from a 
permitted observer provider, and any vessel shorter than 125 ft (38.1 
m) LOA that is engaged in at-sea processing must carry one certified 
observer procured from a permitted observer provider, each day that the 
vessel is used to take, retain, receive, land, process, or transport 
groundfish. Owners of vessels required to carry observers under this 
paragraph must arrange for observer services from a permitted observer 
provider except when the Observer Program has determined and given 
notification that the vessel must carry NMFS staff or an individual 
authorized by NMFS in addition to or in lieu of an observer provided by 
a permitted observer provider.
    (b) Notice of departure basic rule. At least 24 hours (but not more 
than 36 hours) before departing on a fishing trip, a harvesting 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.
    (1) Optional notice--weather delays. A harvesting 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 (b) 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 four hours 
prior to departure, in order to enable NMFS to place an observer.
    (2) Optional notice--back-to-back fishing trips. A harvesting 
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 (b) 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.
    (c) Cease fishing report. Within 24 hours of ceasing the taking and 
retaining of groundfish, vessel owners, operators, or managers must 
notify NMFS or its designated agent that fishing has ceased. This 
requirement applies to any harvesting and processing 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.
    (d) Waiver. The West Coast Regional Administrator (or designee) 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.
    (e) * * *
    (2) Safe conditions. Maintain safe conditions on the vessel for the 
protection of observer(s) including adherence to all USCG and other 
applicable rules, regulations, or statutes pertaining to safe operation 
of the vessel, and provisions at Sec. Sec.  600.725 and 600.746 of this 
chapter. Have on board a valid Commercial Fishing Vessel Safety Decal 
that certifies compliance with regulations found in 33 CFR chapter I 
and 46 CFR chapter I, a certificate of compliance issued pursuant to 46 
CFR 28.710 or a valid certificate of inspection pursuant to 46 U.S.C. 
3311.
    (3) * * *
    (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), the observer provider or NMFS.
* * * * *
    (f) 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.
    (1) Accessibility. The observer sampling station must be available 
to the observer at all times.
    (2) Location. The observer sampling station must be located within 
four meters 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.
0
15. In Sec.  660.316, revise paragraphs (a) through (d), (e)(2), 
(e)(3)(i), and (f) to read as follows:


Sec.  660.316  Open access fishery--observer requirements.

    (a) Observer coverage requirements--(1) Harvesting vessels. When 
NMFS notifies the owner, operator, permit holder, or the manager of a 
harvesting vessel of any requirement to carry an observer, the 
harvesting vessel may not be used to fish for groundfish without 
carrying an observer.
    (2) Processing vessels. Unless specified otherwise by the Observer 
Program, any vessel 125 ft (38.1 m) LOA or longer that is engaged in 
at-sea processing must carry two certified observers procured from a 
permitted observer provider, and any vessel shorter than 125 ft (38.1 
m) LOA that is engaged in at-sea processing must carry one certified 
observer procured from a permitted observer provider, each day that the 
vessel is used to take, retain, receive, land, process, or transport 
groundfish. Owners of vessels required to carry observers under this 
paragraph must arrange for observer services from a permitted observer 
provider except when the Observer Program has determined and given 
notification that the vessel must carry NMFS staff or an individual 
authorized by NMFS in addition to or in lieu of an observer provided by 
a permitted observer provider.

[[Page 22302]]

    (b) Notice of departure--basic rule. At least 24 hours (but not 
more than 36 hours) before departing on a fishing trip, a harvesting 
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.
    (1) Optional notice--weather delays. A harvesting 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 (b) 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 four hours 
prior to departure, in order to enable NMFS to place an observer.
    (2) Optional notice--back-to-back fishing trips. A harvesting 
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 (b) 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.
    (c) Cease fishing report. Within 24 hours of ceasing the taking and 
retaining of groundfish, vessel owners, operators, or managers must 
notify NMFS or its designated agent that fishing has ceased. This 
requirement applies to any harvesting or processing 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.
    (d) Waiver. The West Coast Regional Administrator (or designate) 
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.
    (e) * * *
    (2) Safe conditions. Maintain safe conditions on the vessel for the 
protection of observer(s) including adherence to all USCG and other 
applicable rules, regulations, or statutes pertaining to safe operation 
of the vessel, and provisions at Sec. Sec.  600.725 and 600.746 of this 
chapter. Have on board a valid Commercial Fishing Vessel Safety Decal 
that certifies compliance with regulations found in 33 CFR chapter I 
and 46 CFR chapter I, a certificate of compliance issued pursuant to 46 
CFR 28.710 or a valid certificate of inspection pursuant to 46 U.S.C. 
3311.
    (3) * * *
    (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), observer provider or NMFS.
* * * * *
    (f) 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.
    (1) Accessibility. The observer sampling station must be available 
to the observer at all times.
    (2) Location. The observer sampling station must be located within 
four meters 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.

[FR Doc. 2015-08814 Filed 4-20-15; 8:45 am]
 BILLING CODE 3510-22-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>