22270 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 

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 

OIRA_Submission@omb.eop.gov or fax 

to (202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko, 206–526–6110, 

becky.renko@noaa.gov; or Jamie Goen, 

206–526–4656, jamie.goen@noaa.gov. 

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 § 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 §§ 600.725 and 600.746. 

The prohibitions at § 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 safetyrelated findings to be submitted to the 

Observer Program. Minor regulatory 

changes in program administration and 

housekeeping measures are included in 

this action. 


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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 

§ 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 § 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 § 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 § 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/ObserverProgram/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 § 660.140 

(Shorebased IFQ Program), § 660.150 

(Mothership Coop Program), § 660.160 

(Catcher/processor Coop Program) and 

the catch monitor regulations 

(§§ 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 


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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 forprofit 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 nontraditional 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, nontraditional 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 § 660.140(h)(5)(i) for IFQ observers 

and § 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 


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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. 


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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 


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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 § 660.150(c)(4)(ii), in the 

Catcher/processor Coop Program at 


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§ 660.160(c)(5), and in Trawl Fishery— 

Recordkeeping and Reporting at 

§ 660.113(c)(4). Cease fishing reports 

regarding reapportionment of nonwhiting allocations are not mandatory. 

The provision notes two potential 

triggers for reapportionment of nonwhiting—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 intercoop, 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 

§ 660.12 (General Prohibitions) to 

§ 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 

§§ 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 

§§ 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 

§ 660.12(e)(7) to § 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 § 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, 

§ 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 § 660.150(b)(1)(ii)(A), as 

well as § 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 

§ 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 § 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: 

§§ 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 

§§ 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 § 660.140(h)(2) on vessel 

responsibilities, NMFS added a cross 

reference to § 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 

§§ 660.17(f)(5) and 660.140(h)(5)(v) is 

being amended to reduce the burden on 


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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 caseby-case basis. 

Cease fishing reports for the 

Mothership Coop Program at 

§ 660.150(c)(4)(ii) and in the Catcher/

processor Coop Program at 

§ 660.160(c)(5), in the recordkeeping 

and reporting requirements at 

§ 660.113(c)(4) and (d)(4), and in 

§§ 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 

§ 660.112(a)(3)(iv) is removed in the 

final rule as well as the current 

regulation reference to cease fishing 

reports at § 660.12(e)(7). 

Relative to the work hour limitations 

for catch monitors at § 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 § 660.18(b)(2) 

on the application process to make 

paragraphs more clear and consistent. 

Several paragraphs in § 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 § 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 § 660.18(c) on the application 

evaluation to make paragraphs more 

consistent with § 660.18(b) on the 

application process and to make it more 

clear. Section 660.18(c)(2) was changed 

to more accurately reflect § 660.18(b)(2). 

The list of specific criminal convictions 

was removed from § 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 

§ 679.52(c)(4) on observer provider 

permitting and responsibilities. 

Because the final rule published later 

than originally planned, § 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 § 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 

§ 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 

§ 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 §§ 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, § 660.18(h) was changed 

from the proposed rule. This paragraph 

now not only reflects that the provider 

permit and endorsement are nontransferable, 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 


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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 CatcherProcessor (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 


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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 prefilled 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 collectionof-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 

OIRA_Submission@omb.eop.gov, 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 MagnusonStevens 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 

■ 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. 

■ 2. In § 660.11: 

■ a. Add definitions, in alphabetical 

order, for ‘‘Catch Monitor Program or 

Catch Monitor Program Office’’, ‘‘Catch 

monitor provider’’ and ‘‘Observer 

provider’’. 

■ 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: 

§ 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 § 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 §§ 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. 

* * * * * 

■ 3. In § 660.12, revise paragraphs (e)(6) 

through (9) to read as follows: 

§ 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 

§ 600.746 of this chapter; 

(ii) The vessel does not maintain safe 

conditions for an observer as specified 

at §§ 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 §§ 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, 


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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 §§ 660.140(h), 

660.150(j), 660.160(g), 660.216, or 

660.316, 

(9) Fail to meet the observer provider 

responsibilities specified at 

§§ 660.140(h), 660.150(j), 660.160(g), 

660.216 or 660.316. 

* * * * * 

■ 4. In § 660.16, revise paragraph (a) and 

the table in paragraph (c), and add 

paragraphs (d) and (e) to read as follows: 

§ 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 §§ 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 Fishery ....................................................................... § 660.140(h) ................... West Coast Groundfish. 

(2) MS Coop Program—Whiting At-sea Trawl Fishery .......................................................... § 660.150(j).

(i) Motherships ................................................................................................................. At-sea Hake. 

(ii) Catcher Vessels ......................................................................................................... West Coast Groundfish. 

(3) C/P Coop Program—Whiting At-sea Trawl Fishery ......................................................... § 660.160(g) ................... At-sea Hake. 

(4) Fixed Gear Fisheries ......................................................................................................... § 660.216.

(i) Harvester vessels ........................................................................................................ West Coast Groundfish. 

(ii) Processing vessels ..................................................................................................... West Coast Groundfish. 

(5) Open Access Fisheries ..................................................................................................... § 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 § 660.140(h), for the MS 

Coop Program see § 660.150(j), and, for 

the C/P Coop Program see § 660.160(g). 

(e) Application process to become an 

observer provider. See § 660.18. 

■ 5. In § 660.17: 

■ a. Revise the section heading; 

■ b. Remove paragraphs (b) and (d); 

■ c. Redesignate paragraphs (a), (c), and 

(e) as (d), (e), and (f) respectively. 

■ 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 

■ e. Add paragraphs (a) through (c), and 

(g). 

The revisions and additions read as 

follows. 

§ 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 § 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 § 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 §§ 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 


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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 nonperformance 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 § 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) * * * 


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(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 § 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-bycase 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 § 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 § 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 § 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 § 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 


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requirements for certification as 

specified in § 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 

§ 660.19. 

■ 6. Revise § 660.18 to read as follows: 

§ 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 §§ 660.140(h), 660.150(j), 

and 660.160(g) for observer providers 


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and/or § 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 

§ 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 § 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 § 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 

§ 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 § 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. 


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(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. 

■ 7. Add § 660.19 to read as follows: 

§ 660.19 Appeals process for catch 

monitors, observers, and provider permits. 

(a) Allowed appeals. This section 

describes the procedure for appealing 

IADs described at §§ 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. 

■ 8. In § 660.60, revise paragraph 

(c)(1)(iv) to read as follows: 

§ 660.60 Specifications and management 

measures. 

* * * * * 

(c) * * * 

(1) * * * 

(iv) List of IFQ species documented on 

Observer Program reporting form. As 

specified at § 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 § 660.60(c)(1). 

* * * * * 

■ 9. In § 660.112: 

■ a. Revise paragraph (a)(4); 

■ b. Remove paragraph (b)(1)(xiii). 

■ 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 

■ d. Revise paragraphs (d)(12), (d)(14) 

and (d)(15). 

The revisions read as follows: 

§ 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 § 660.12(e). 

(iii) Fail to maintain observer 

coverage in port as specified at 

§ 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 § 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 § 660.15(b), including 

the daily test requirements. 

* * * * * 

■ 10. In § 660.113, revise paragraphs 

(c)(4) and (d)(4) to read as follows: 

§ 660.113 Trawl fishery—recordkeeping 

and reporting. 

* * * * * 

(c) * * * 

(4) Cease fishing report. If required, as 

specified at § 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 § 660.160(c)(5), the 

designated coop manager must submit a 

cease fishing report to NMFS indicating 

that harvesting has concluded for the 

year. 

* * * * * 

■ 11. In § 660.140: 

■ 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); 

■ b. Add paragraph (h)(2)(xi); and 

■ 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 


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(ix), (i)(2), (i)(3)(ii), (j)(2)(ii) through (iv), 

(j)(3)(i), and (j)(4). 

The revisions and addition read as 

follows: 

§ 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, NMFSauthorized 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 

§§ 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 § 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 § 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 §§ 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 § 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 


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(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 NMFSprepared 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. 


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(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 § 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 § 660.12(e); 

§ 660.112(a)(4); 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 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 

§ 679.52 (b) of this chapter regarding an 

observer candidate’s health and 

physical fitness for the job; 


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(ii) Meet all observer candidate 

education and health standards as 

specified in § 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 § 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. 


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22290 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 

(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 § 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 § 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 

§ 660.113(a)(2). 

* * * * * 

(3) * * * 

(i) General. Ensure that all IFQ 

landings are sorted and weighed as 

specified at § 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 

§ 660.15(c). 

* * * * * 

■ 12. In § 660.150: 

■ 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; 

■ b. Add paragraph (j)(2)(xi); 

■ c. Revise paragraphs (j)(3), (j)(4) and 

(j)(5); and 

■ d. Remove paragraph (j)(6). 

The revisions and addition read as 

follows: 

§ 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 § 660.13(d); and, maintain and submit 

all records and reports specified at 

§ 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 § 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 nonwhiting 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 intercoop, 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 nonwhiting 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. 


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(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 §§ 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 

§ 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 


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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 


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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 § 660.12(e); 

§ 660.112(a)(4); or § 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 


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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 NMFSprepared 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 § 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 § 660.12(e); 

§ 660.112(a)(4); or § 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. 


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(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 § 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 § 660.16 at the time of the issuance 

of the certification; 

(2) Have provided, through their 

observer provider: 

(i) Information identified by NMFS at 

§ 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 

§ 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 § 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 


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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 


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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 § 660.19. 

* * * * * 

■ 13. In § 660.160: 

■ 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); 

■ b. Add paragraph (g)(2)(xi); 

■ c. Remove paragraph (g)(4); 

■ d. Redesignate paragraphs (g)(5) and 

(g)(6) as (g)(4) and (g)(5), respectively; 

■ 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: 

§ 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 § 660.13(d); maintain records as 

specified at § 660.113(a); and maintain 

and submit all records and reports 

specified at § 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 § 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 nonwhiting 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 nonwhiting 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, 


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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 §§ 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 § 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 


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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 §§ 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 


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(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 § 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 § 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 

§ 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 § 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 


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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 § 660.19. 

* * * * * 

■ 14. In § 660.216, revise paragraphs (a) 

through (d), (e)(2), (e)(3)(i), and (f) to 

read as follows: 

§ 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 §§ 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 workrelated 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. 

■ 15. In § 660.316, revise paragraphs (a) 

through (d), (e)(2), (e)(3)(i), and (f) to 

read as follows: 

§ 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. 


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22302 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 

(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 §§ 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 workrelated 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 


tkelley on DSK3SPTVN1PROD with RULES2