Federal Register / Vol. 66, No. 79 / Tuesday, April 24, 2001 / Rules and Regulations 20609

1Station WGTK was modified in MM Docket No.

98–72 by substituting Channel 265C2 for Channel

265A. The license was further modified by granting

a request to reallot Channel 265C2 from

Middlebury, Vermont, to Berlin, Vermont, as the

new community of license. See 65 FR 3150, January

20, 2000.

9. Section 73.202(b), the Table of FM

Allotments under New Hampshire, is

amended by removing Channel 252A

and adding Channel 252C3 at Laconia.

10. Section 73.202(b), the Table of FM

Allotments under New York, is

amended by removing Channel 241A

and adding Channel 241C3 at Norwood.

11. Section 73.202(b), the Table of FM

Allotments under Oklahoma, is

amended by removing Channel 288C2

and adding Channel 288C3 at Coalgate

and by removing Channel 292A and

adding Channel 292C3 at Durant.

12. Section 73.202(b), the Table of FM

Allotments under Oregon, is amended

by removing Channel 281C1 and adding

Channel 281C2 at Sisters.

13. Section 73.202(b), the Table of FM

Allotments under Tennessee, is

amended by removing Channel 255C

and adding Channel 255C1 at Munford.

14. Section 73.202(b), the Table of FM

Allotments under Texas, is amended by

removing Channel 228C3 and adding

Channel 228A at Greenville, by

removing Channel 268C2 and adding

Channel 268C1 at Snyder, and by

removing Channel 223A and adding

Channel 223C3 at Wake Village.

15. Section 73.202(b), the Table of FM

Allotments under Vermont, is amended

by removing Channel 265C2 and adding

Channel 265C3 at Berlin.1

16. Section 73.202(b), the Table of FM

Allotments under Wyoming, is amended

by removing Channel 244A and adding

Channel 244C3 at Laramie and by

removing Channel 300A and adding

Channel 299C at Midwest.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–10159 Filed 4–23–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 000301054–1054; I.D. 053000D]

RIN 0648–AN27

Fisheries off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Groundfish

Observer Program

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

amend the regulations implementing the

Pacific Coast Groundfish Fishery

Management Plan (FMP) to provide for

an at-sea observation program on all

limited entry and open access catcher

vessels. This final rule requires vessels

in the groundfish fishery to carry

observers when notified by NMFS or its

designated agent; establishes

notification requirements for vessels

that may be required to carry observers;

and establishes responsibilities and

defines prohibited actions for vessels

that are required to carry observers. The

at-sea observation program is intended

to improve estimates of total catch and

fishing mortality.

DATES: Effective May 24, 2001.

ADDRESSES: Copies of the

Environmental Assessment/Regulatory

Impact Review/Final Regulatory

Flexibility Analysis (EA/FRFA) may be

obtained from the Pacific Fishery

Management Council (Council) by

writing to the Council at 2130 SW Fifth

Avenue, Suite 224, Portland OR 97201,

or by contacting Don McIsaac at 503–

326–6352, or may be obtained from

William L. Robinson, Northwest Region,

NMFS, 7600 Sand Point Way N.E., BIN

C15700, Bldg. 1, Seattle, WA 98115–

0070. Send comments regarding the

reporting burden estimate or any other

aspect of the collection-of-information

requirements in this final rule,

including suggestions for reducing the

burden, to one of the NMFS addresses

and to the Office of Management and

Budget (OMB), Washington, D.C. 20503

(ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT:

William L. Robinson, Northwest Region,

NMFS, 206–526–6140; fax: 206–526–

6736 and e-mail: bill.robinson@noaa.gov

or Svein Fougner, Southwest Region,

NMFS, 562–980–4000; fax: 562–980–

4047 and e-mail: svein.fougner@

noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

This Federal Register document is

also accessible via the Internet at the

Office of the Federal Register’s website

at http://www.access.gpo.gov/su—docs/

aces/aces140.html.

Background

The U.S. groundfish fisheries off the

Washington, Oregon, and California

coasts are managed pursuant to the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) (16 U.S.C.

1801-1883) and the Pacific Coast

Groundfish FMP. Regulations

implementing the FMP appear at 50

CFR Part 660, Subpart G. The

Magnuson-Stevens Act at 16 U.S.C.

1853(b)(8) provides that an FMP may

require that one or more observers be

carried on-board a vessel of the United

States engaged in fishing for species that

are subject to the FMP, for the purpose

of collecting data necessary for the

conservation and management of the

fishery. The Pacific Coast Groundfish

FMP provides that all fishing vessels

operating in the groundfish fishery may

be required to accommodate on-board

observers for purposes of collecting

scientific data. Under the MagnusonStevens Act at 16 U.S.C. 1855(d), the

Secretary of Commerce, acting through

NMFS, has general responsibility to

carry out any fishery management plan,

and may promulgate such regulations as

may be necessary to carry out this

responsibility.

With the exception of the mid-water

trawl fishery for Pacific whiting, most

groundfish vessels sort their catch at sea

and discard species that are in excess of

cumulative trip limits, unmarketable, in

excess of annual allocations, or

incidentally caught non-groundfish

species. Landed or retained catch is

monitored by individual state fish ticket

programs in Washington, Oregon, and

California. However, because a portion

of the catch is discarded at sea, there is

no opportunity for NMFS or the states

to monitor total catch (retained plus

discarded catch) at onshore processing

facilities. This lack of information on atsea discards has resulted in imprecise

estimates of total catch and fishing

mortality.

Discard information is needed to

assess and account for total fishing

mortality and to evaluate management

measures, including rebuilding plans for

overfished stocks. Discard estimates

based on limited studies conducted in

20610 Federal Register / Vol. 66, No. 79 / Tuesday, April 24, 2001 / Rules and Regulations

the mid-1980’s, and information on

species compositions in landings, are

available for some groundfish species.

For other species, there is little or no

discard information. During the past

decade, there have been significant

reductions in cumulative trip limits,

and trip limits have been applied to

increasing numbers of species. In light

of these changes in the regulatory

regime, doubt has been raised by the

Council, NMFS, and the industry about

the old discard estimates, which were

based on data collected in the 1980’s.

Accurate estimates of discards are

essential to computing total catch, and

thus are an important component of any

fishery conservation and management

program. If the discard estimates are too

high, harvest allocations may be set too

low; if discard estimates are too low,

then harvest allocations may be set too

high, and the long-term health of the

stock may be jeopardized.

Observers are a uniformly trained

group of qualified technicians. They are

stationed aboard vessels to gather

conservation and management data that

are too burdensome for vessel personnel

to collect, and which would otherwise

not be available for managing the

fisheries or assessing interactions with

non-groundfish species. The purposes of

this final rulemaking are to establish the

obligations of vessels that will be

required to carry observers; to safeguard

the observers’ well-being; and to

provide for sampling conditions

necessary for an observer to follow

scientific sampling protocols and

thereby maintain the integrity of

observer data collections. Nationwide

regulations addressing vessels with

conditions that are unsafe or inadequate

for purposes of carrying an observer are

found at 50 CFR 600.746. Nationwide

regulations applicable to observers are

also found under ‘‘General

Prohibitions’’ at 50 CFR 600.725 (o),(r),

(s), (t), and (u).

A proposed rule was published on

September 14, 2000 (65 FR 55495).

Further background information was

presented in the preamble of the

proposed rule. Public comment on the

proposed rule was invited through

October 16, 2000. NMFS received three

letters containing comments. Two of the

three letters, one from the United States

Coast Guard and one from the United

States Fish and Wildlife Service,

expressed support for the proposed

observer program. The third letter

expressed support, but also expressed

concern about funding mechanisms. At

its June 2000 Council meeting, the

Council reviewed the observer program

and encouraged the public to comment

on the proposed rulemaking. One

individual provided comment during

public hearing at the June Council

meeting. The comments are summarized

below followed by NMFS’ responses to

those comments.

Changes to the Final Rule From the

Proposed Rule

The final rule includes the following

changes from the proposed rule:

1. Section 660.360 (a) was revised for

clarity.

2. In Section 660.360 (c)(2) language

was added to clarify that vessels using

exempted gear types could be required

to carry an observer under this

rulemaking.

3. Section 660.360 (c)(2)(i) was

revised for clarity.

4. Section 660.360 (c)(2)(i)(A),

addressing departure reports, is revised

from the proposed rule to include

language that is intended to provide

greater flexibility to vessels that are in

port less than 24 hours from the time

offloading of catch from one fishing trip

begins until the time the vessel departs

on the following fishing trip. Because

such vessels expect to be on the fishing

grounds at the time that they are

required to submit the next departure

report, the owner, operator, or manager

of a vessel is given the option of

providing notification to NMFS or its

designated agent before departing on the

trip prior to that which the observer

coverage may be needed and again at

the time offloading of the catch from the

previous fishing trip begins.

5. Section 660.360 (c)(2)(i)(B),

addressing departure reports, is revised

from the proposed rule to include

language that is intended to provide

greater flexibility to vessels that intend

to depart on a fishing trip less than 24

hours after weather or sea conditions

allow for departure. This change was

made in response to comment 3 (below).

The West Coast groundfish fleet is

composed of many small vessels, whose

fishing schedules are heavily influenced

by weather and sea conditions. To avoid

departure delays, the owner, operator,

or manager of a vessel who intends to

depart on a fishing trip less than 24

hours after weather or sea conditions

become favorable, may choose to inform

NMFS or its agent of his/her intentions

at least 24 hours before the expected

departure time. After the initial

notification, only an update 4 hours

before the expected departure time

would be required.

Comments and Responses

Comment 1: The rulemaking is too

narrow; it focuses only on observers as

a means for collecting the necessary

data at sea.

Response: Other approaches for

obtaining total catch data include full

retention and data sampling by vessel

personnel. NMFS believes that data

collected under these approaches would

not meet the defined management need

without adequate verification, such as

video systems for monitoring full

retention or observer data to compare to

vessel-collected data. Video surveillance

systems connected to global positioning

systems are useful in tracking activity

by area fished, but do not provide the

necessary total catch data. New digital

camera technology has improved the

ability to provide species-specific catch

information in particular situations (e.g.,

fixed gear fisheries with a small variety

of species). The technology is still early

in development and is generally

considered to be supplemental to an

observer program.

Comment 2: Some boats may not have

the ability to carry an observer. Page 19

of the EA notes that if it is determined

that a vessel is simply too small to

accommodate an observer alternative

methods of sampling may need to be

considered. Under these rules, some

sectors of the fishery are opted right out

of any observer program or any

meaningful observation without

alternatives such as cameras, or

somebody in a zodiac, or full retention,

or something like that. Moving forward

with an observer program does not

preclude further development of other

approaches for obtaining the necessary

total catch data.

Response: Vessel safety and

accommodations are individual vessel

issues and are not ones that can be

easily addressed. NMFS recognizes that

it is likely that some, particularly the

smallest groundfish vessels, may not be

safe or adequate for carrying observers.

Page 19 of the EA notes that if it is

determined that a vessel cannot safely

accommodate an observer, alternative

methods of sampling may need to be

considered. This final rulemaking does

not preclude further development of

alternative sampling methods for vessels

that are determined to be unsuitable for

observers.

Comment 3: If you are one of those

that is required to have an observer and

you do not know 24 hours in advance

when you are going, because you are

looking for the weather to break, that

means a lot of times in the winter that

you won’t go fishing because you cannot

get an observer.

Response: A departure report is

necessary for NMFS or its designated

agent to identify which vessels need to

carry observers and to coordinate the

placement of observers aboard vessels. It

is necessary for vessel owners, operators

Federal Register / Vol. 66, No. 79 / Tuesday, April 24, 2001 / Rules and Regulations 20611

or representatives to submit these

reports because only they can make

statements about their future intent.

NMFS recognizes that vessels need to

wait for favorable weather and sea

conditions before departing on fishing

trips. Language has been added to the

rule in section 660.360(c)(2)(i)(B) to

obtain the necessary information to

ensure that an observer is available

while allowing for possible delays in

vessel schedules as a result of poor

weather or sea condition. The initial

contact between NMFS and the

individual representing the vessel is

still necessary to identify that the vessel

intends to depart for fishing, when the

weather or sea conditions are favorable.

As conditions improve, the individual

representing the vessel need only

provide 4 hours notice before the

anticipated departure.

Comment 4: In various places in the

EA, it suggests that the program is

contingent on Federal funding. If a

program is contingent on Federal

funding, it would violate the Magnuson

Stevens Fishery Conservation and

Management Act.

Response: NMFS disagrees with this

comment. Nowhere in the rulemaking

documents or in the EA does it state that

an observer program is contingent on

Federal funding. This final rulemaking

establishes the framework necessary to

support an at-sea observer program. It

includes regulations that require vessels

to carry observers when notified,

provide notification of fishing

schedules, provide food and

accommodations, and a suitable

location for observers to safely collect

sample data according to scientific

sampling protocols. The analysis

examined the impacts resulting from a

federally funded program because no

additional rulemaking would be

required before a program could be

implemented if it were federally funded.

Therefore, Federal funding was

analyzed to facilitate the

implementation of an observer program

should Federal funding become

available. This final rulemaking does

not preclude NMFS or the Council from

exploring alternative funding options or

from providing fishermen with greater

compensation for all or a portion of the

costs of carrying an observer. Such

measures would build upon this final

rulemaking and would require

additional rulemaking and analysis

before implementation.

Classification

NMFS prepared an EA for this final

rule and concluded that there will be no

significant impact on the human

environment as a result of this final

rule. This final rulemaking will have no

direct biological or physical impacts on

the environment. It is NMFS’s intention,

to provide for observer training and the

direct costs of deploying observers

including salaries, payroll taxes,

employment insurance, medical

insurance, pension, and travel costs.

The observers’ employer will provide

protection and indemnity insurance to

cover bodily injury or property damage

claims that may result from actions of

the observer. Vessels will be responsible

for providing information regarding

their fishing schedule, and food and

accommodations, for the observers.

Some of the smallest groundfish vessels

may find that crew members are

displaced because limited bunk space

must be allocated to the observer.

Vessels will also need to provide

adequate sampling facilities and

unobstructed access to catch. This may

result in increased handling time if

sorting of the catch needs to be slowed

or centralized to allow an observer to

collect samples. Space requirements for

analyzing and storing samples may

reduce the available work and storage

space for vessel activities. It is likely

that the smallest groundfish vessels

would be most affected by space

requirements for analyzing and storing

samples. However, without minimal

sample space, data quality cannot be

assured. The safety, health, and wellbeing of observers while stationed

aboard fishing vessels is of the utmost

importance. When this final rule is

implemented, observer health and safety

provisions at 50 CFR 600.725 and

600.746 will apply. A copy of the EA is

available from NMFS (see ADDRESSES).

NMFS prepared a FRFA describing

the impact of the action on small

entities. For the purposes of the

analysis, all catcher vessels were

considered small entities.

This final rulemaking creates the

regulatory framework needed to support

an on-board observer program and is not

predicated on a particular funding

mechanism. Federal funding is available

for 2001 and NMFS intends to provide

for observer training and the direct costs

of deploying observers including:

salaries, payroll taxes, employment

insurance, medical insurance, and travel

costs. Observers would be employed

directly by NMFS or through a

contractor approved by NMFS. The

observer’s employer will provide

protection and indemnity insurance to

cover property damage claims that may

result from actions of the observer. The

individual vessel will be responsible for

observer subsistence costs. Costs to the

vessel that are analyzed in conjunction

with this final rule are costs other than

those that would be paid by NMFS. If

NMFS chooses to use other funding

mechanisms in the future, including

shifting costs to the vessels, additional

rulemaking would be required.

The costs to industry to deploy

observers will vary depending on the

coverage strategy that is selected. Three

approaches that could be taken in

developing a coverage plan include:

random selection of trips from a large

pool of vessels; complete sampling of all

trips taken by a small number of vessels

over a specific period; or sampling a

portion of trips by an intermediate

number of vessels over a specific period.

The FRFA states that the impacts of the

rule on individual vessels would

depend on the nature and size of the

program and the coverage approach that

is chosen - all vessels in the groundfish

fleet or a small portion of the vessels.

Of the 2,116 vessels in the open

access and limited entry (LE) fisheries,

the number of vessels that could be

required to carry an observer annually

ranges from 60 (if each observer samples

one LE vessel over an entire cumulative

trip limit period) to 967 (if observers

sample vessel trips at random, no vessel

is sampled more than once, and each

vessel requires two observers to have all

days sampled), depending on the

coverage strategy that is employed. The

FRFA indicates that the costs to the

individual vessel are expected to range

between $157 and $3334, depending on

the coverage strategy and the number of

days fished per year. An upper value of

$11,044 per vessel is an extreme that

would only occur if a vessel fished

every day of the year and carried an

observer at all times.

It is most likely that the open access

and limited entry groundfish fleets

would be divided into sampling sectors

based on criteria such as gear type,

fishing period, geographical location, or

fishing strategy. Each sector may be

required to have a different level of

observer coverage. Sectors with the

greatest annual catch of groundfish or

those that most frequently interact with

priority species, for which there is a

serious need for information, could be

required to have a substantially higher

proportion of observer coverage than the

other sectors. The analysis assumes that

only vessels that carry an observer

would bear the burden. Among the

2,116 vessels in the open access and

limited entry groundfish fisheries that

could be selected to bear the cost to

carry an observer, there are substantial

differences in terms of the annual exvessel value of their catch, and therefore

in the burden imposed.

There were two alternatives

considered in this final rulemaking:

20612 Federal Register / Vol. 66, No. 79 / Tuesday, April 24, 2001 / Rules and Regulations

Status quo, and adoption of regulations

to support an observer program. Under

the status quo alternative, a program

could be designed where vessels carry

observers on a voluntary basis.

However, this would be a voluntary

program with no way to ensure that a

specific coverage plan could be

followed or the integrity of the data

collections maintained. Discard

information needed to assess and

account for total fishing mortality and to

evaluate management measures is

considered by NMFS to be deficient

under a status quo alternative. Adopting

regulations for an at-sea observer

program on all limited entry and open

access catcher vessels establishes the

framework for a mandatory observer

program, i.e., obligations of vessels that

will be required to carry observers;

safeguarding the observers’ well-being;

and providing for sampling conditions

necessary for an observer to follow

scientific sampling protocols and

thereby maintain the integrity of

observer data collections.

The Magnuson-Stevens Act at 16

U.S.C. 1853(b)(8) provides that an FMP

may require that one or more observers

be carried on board a vessel of the

United States engaged in fishing for

species that are subject to the plan, for

the purpose of collecting data necessary

for the conservation and management of

the fishery. On March 3, 1999, NMFS

determined that the bycatch provisions

in Amendment 11 failed to respond

meaningfully to the bycatch

requirements at Section 303 (a)(11) of

the Magnuson-Stevens Act, which state

that an FMP must ‘‘establish a

standardized reporting methodology to

assess the amount and type of bycatch

occurring in the fishery, and include

conservation and management measures

that, to the extent practicable and in the

following priority—(A) minimize

bycatch; and (B) minimize the mortality

of bycatch which cannot be avoided.’’

Establishing an observer program to

collect total catch data would bring the

Pacific coast groundfish FMP closer to

the Magnuson-Stevens Act bycatch

requirements for a standardized

reporting methodology on bycatch. A

copy of this analysis is available from

NMFS (see ADDRESSES).

This final rule contains a collectionof-information requirement subject to

the Paperwork Reduction Act (PRA).

This collection of information

requirement has been approved by OMB

under control number 0648–0423.

Public reporting burden for these

collections of information is estimated

to average 5 minutes for making a tollfree call to provide either notification of

departure on a fishing trip or

notification of intent to cease

participating in the fishery. This

estimate includes the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding these burden

estimates or any other aspect of the data

collection, including suggestions for

reducing the burden, to NMFS (see

ADDRESSES) and to OMB, Washington,

DC 20503 (ATTN: NOAA Desk Officer).

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall a person be subject

to a penalty for failure to comply with,

a collection of information subject to the

requirements of the PRA, unless that

collection of information displays a

currently valid OMB control number.

NMFS issued Biological Opinions

(BOs) under the Endangered Species Act

on August 10, 1990, November 26, 1991,

August 28, 1992, September 27, 1993,

May 14, 1996, and December 15, 1999,

pertaining to the effects of the

groundfish fishery on chinook salmon

(Puget Sound, Snake River spring/

summer, Snake River fall, upper

Columbia River spring, lower Columbia

River, upper Willamette River,

Sacramento River winter, Central

Valley, California coastal), coho salmon

(Central California coastal, southern

Oregon/northern California coastal,

Oregon coastal), chum salmon (Hood

Canal, Columbia River), sockeye salmon

(Snake River, Ozette Lake), steelhead

(upper, middle and lower Columbia

River, Snake River Basin, upper

Willamette River, central California

coast, California Central Valley, southcentral California, southern California),

and cutthroat trout (Umpqua River,

southwest Washington/Columbia River).

NMFS has concluded that

implementation of the FMP for the

Pacific Coast groundfish fishery is not

expected to jeopardize the continued

existence of any endangered or

threatened species under the

jurisdiction of NMFS, or to result in the

destruction or adverse modification of

critical habitat.

NMFS has re-initiated consultation on

the Pacific whiting fishery associated

with the BO issued on December 15,

1999. During the 2000 whiting season,

the whiting fisheries exceeded the

chinook bycatch amount specified in

the BO’s incidental take statement’s

incidental take estimates (11,000 fish)

by approximately 500 fish. The reinitiation will focus primarily on

additional actions that the whiting

fisheries would take to reduce chinook

interception, such as time/area

management. NMFS expects that the reinitiated BO will be completed by May

2001. During the reinitiation, fishing

under the FMP is within the scope of

the December 15, 1999, BO, so long as

the annual incidental take of chinook

stays under the 11,000 fish bycatch

limit. NMFS has concluded that

implementation of the FMP for the

Pacific Coast groundfish fishery is not

expected to jeopardize the continued

existence of any endangered or

threatened species under the

jurisdiction of NMFS, or result in the

destruction or adverse modification of

critical habitat. This final rule

implements a data collection program

and is within the scope of these

consultations. Because the impacts of

this action fall within the scope of the

impacts considered in these BOs,

additional consultations on these

species are not required for this action.

This action implements a data

collection program and is not expected

to result in any adverse effects on

marine mammals.

This final rule has been determined to

be significant for purposes of Executive

Order 12866.

List of Subjects in 50 CFR Part 660

Administrative practice and

procedure, American Samoa, Fisheries,

Fishing, Guam, Hawaiian Natives,

Indians, Northern Mariana Islands,

Reporting and recordkeeping

requirements.

Dated: April 18, 2001.

John Oliver,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, NMFS amends 50 CFR part

660 to read as follows:

PART 660—FISHERIES OFF WEST

COAST STATES AND IN THE

WESTERN PACIFIC

1. The authority citation for part 660

continues to read as follows:

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

2. In § 660.302, the definitions for

‘‘Active sampling unit,’’ and ‘‘Vessel

manager’’ are added in alphabetical

order to read as follows:

§ 660.302 Definitions.

Active sampling unit means a portion

of the groundfish fleet in which an

observer coverage plan is being applied.

* * * * *

Vessel manager means a person or

group of persons whom the vessel

owner has given authority to oversee all

or a portion of groundfish fishing

activities aboard the vessel.

Federal Register / Vol. 66, No. 79 / Tuesday, April 24, 2001 / Rules and Regulations 20613

3. In § 660.306, paragraph (y) is added

to read as follows:

§ 660.306 Prohibitions.

* * * * *

(y) Groundfish observer program. (1)

Forcibly assault, resist, oppose, impede,

intimidate, harass, sexually harass,

bribe, or interfere with an observer.

(2) Interfere with or bias the sampling

procedure employed by an observer,

including either mechanically or

physically sorting or discarding catch

before sampling.

(3) Tamper with, destroy, or discard

an observer’s collected samples,

equipment, records, photographic film,

papers, or personal effects without the

express consent of the observer.

(4) Harass an observer by conduct

that:

(i) Has sexual connotations,

(ii) Has the purpose or effect of

interfering with the observer’s work

performance, and/or

(iii) Otherwise creates an

intimidating, hostile, or offensive

environment. In determining whether

conduct constitutes harassment, the

totality of the circumstances, including

the nature of the conduct and the

context in which it occurred, will be

considered. The determination of the

legality of a particular action will be

made from the facts on a case-by-case

basis.

(5) Fish for, land, or process fish

without observer coverage when a

vessel is required to carry an observer

under § 660.360(c).

(6) Require, pressure, coerce, or

threaten an observer to perform duties

normally performed by crew members,

including, but not limited to, cooking,

washing dishes, standing watch, vessel

maintenance, assisting with the setting

or retrieval of gear, or any duties

associated with the processing of fish,

from sorting the catch to the storage of

the finished product.

(7) Fail to provide departure or cease

fishing reports specified at

§ 660.360(c)(2).

(8) Fail to meet the vessel

responsibilities specified at

§ 660.360(d).

4. Section 660.360 is added to subpart

G to read as follows:

§ 660.360 Groundfish observer program.

(a) General. Vessel owners, operators,

and managers are jointly and severally

responsible for their vessel’s compliance

with this section.

(b) Purpose. The purpose of the

Groundfish Observer Program is to

allow observers to collect fisheries data

deemed by the Northwest Regional

Administrator, NMFS, to be necessary

and appropriate for management,

compliance monitoring, and research in

the groundfish fisheries and for the

conservation of living marine resources

and their habitat.

(c) Observer coverage requirements—

(1) At-sea processors. [Reserved]

(2) Catcher vessels. For the purposes

of this section, catcher vessels include

all vessels, using open access or limited

entry gear (including exempted gear

types) that take and retain, possess or

land groundfish at a processor(s) as

defined at § 660.302. When NMFS

notifies the vessel owner, operator,

permit holder, or the vessel manager of

any requirement to carry an observer,

the vessel may not take and retain,

possess, or land any groundfish without

carrying an observer.

(i) Notice of departure—Basic rule. At

least 24 hours (but not more than 36

hours) before departing on a fishing trip,

a vessel that has been notified by NMFS

that it is required to carry an observer,

or that is operating in an active

sampling unit, must notify NMFS (or its

designated agent) of the vessel’s

intended time of departure. Notice will

be given in a form to be specified by

NMFS.

(A) Optional notice—Weather delays.

A vessel that anticipates a delayed

departure due to weather or sea

conditions may advise NMFS of the

anticipated delay when providing the

basic notice described in paragraph

(c)(2)(i) of this section. If departure is

delayed beyond 36 hours from the time

the original notice is given, the vessel

must provide an additional notice of

departure not less than 4 hours prior to

departure, in order to enable NMFS to

place an observer.

(B) Optional notice—Back-to-back

fishing trips. A vessel that intends to

make back-to-back fishing trips (i.e.,

trips with less than 24 hours between

offloading from one trip and beginning

another), may provide the basic notice

described in paragraph (c)(2)(i)) of this

section for both trips, prior to making

the first trip. A vessel that has given

such notice is not required to give

additional notice of the second trip.

(ii) Cease fishing report. Not more

than 24 hours after ceasing the taking

and retaining of groundfish with limited

entry or open access gear in order to

leave the fishery management area or to

fish for species not managed under the

Pacific Coast Groundfish Fishery

Management Plan, the owner, operator,

or vessel manager of each vessel that is

required to carry an observer or that is

operating in a segment of the fleet that

NMFS has identified as an active

sampling unit must provide NMFS or its

designated agent with notification as

specified by NMFS.

(3) Vessels engaged in recreational

fishing. [Reserved]

(4) Waiver. The Northwest Regional

Administrator may provide written

notification to the vessel owner stating

that a determination has been made to

temporarily waive coverage

requirements because of circumstances

that are deemed to be beyond the

vessel’s control.

(d) Vessel responsibilities. An

operator of a vessel required to carry

one or more observer(s) must provide:

(1) Accommodations and food.

Provide accommodations and food that

are:

(i) At-sea processors. [Reserved]

(ii) Catcher vessels. Equivalent to

those provided to the crew.

(2) Safe conditions. Maintain safe

conditions on the vessel for the

protection of observer(s) including

adherence to all U.S. Coast Guard and

other applicable rules, regulations, or

statutes pertaining to safe operation of

the vessel, and provisions at §§ 600.725

and 600.746 of this chapter.

(3) Observer communications.

Facilitate observer communications by:

(i) Observer use of equipment.

Allowing observer(s) to use the vessel’s

communication equipment and

personnel, on request, for the entry,

transmission, and receipt of workrelated messages, at no cost to the

observer(s) or the United States or

designated agent.

(ii) Communication equipment

requirements for at-sea processing

vessels. [Reserved]

(4) Vessel position. Allow observer(s)

access to, and the use of, the vessel’s

navigation equipment and personnel, on

request, to determine the vessel’s

position.

(5) Access. Allow observer(s) free and

unobstructed access to the vessel’s

bridge, trawl or working decks, holding

bins, processing areas, freezer spaces,

weight scales, cargo holds, and any

other space that may be used to hold,

process, weigh, or store fish or fish

products at any time.

(6) Prior notification. Notify

observer(s) at least 15 minutes before

fish are brought on board, or fish and

fish products are transferred from the

vessel, to allow sampling the catch or

observing the transfer, unless the

observer specifically requests not to be

notified.

(7) Records. Allow observer(s) to

inspect and copy any state or Federal

logbook maintained voluntarily or as

required by regulation.

(8) Assistance. Provide all other

reasonable assistance to enable

20614 Federal Register / Vol. 66, No. 79 / Tuesday, April 24, 2001 / Rules and Regulations

observer(s) to carry out their duties,

including, but not limited to:

(i) Measuring decks, codends, and

holding bins.

(ii) Providing the observer(s) with a

safe work area.

(iii) Collecting bycatch when

requested by the observer(s).

(iv) Collecting and carrying baskets of

fish when requested by the observer(s).

(v) Allowing the observer(s) to collect

biological data and samples.

(vi) Providing adequate space for

storage of biological samples.

(9) At-sea transfers to or from

processing vessels. [Reserved]

(e) Procurement of observers services

by at-sea processing vessels. [Reserved]

(f) Certification of observers in the atsea processing vessels. [Reserved]

(g) Certification of observer

contractors for at-sea processing vessels.

[Reserved]

(h) Suspension and decertification

process for observers and observer

contractors in the at-sea processing

vessels. [Reserved]

(i) Release of observer data in the atsea processing vessels. [Reserved]

(j) Sample station and operational

requirements—(1) Observer sampling

station. This paragraph contains the

requirements for observer sampling

stations. The vessel owner must provide

an observer sampling station that

complies with this section so that the

observer can carry out required duties.

(i) Accessibility. The observer

sampling station must be available to

the observer at all times.

(ii) Location. The observer sampling

station must be located within 4 m of

the location from which the observer

samples unsorted catch. Unobstructed

passage must be provided between the

observer sampling station and the

location where the observer collects

sample catch.

(iii) Minimum work space aboard atsea processing vessels. [Reserved]

(iv) Table aboard at-sea processing

vessels. [Reserved]

(v) Scale hanger aboard at-sea

processing vessels. [Reserved]

(vi) Diverter board aboard at-sea

processing vessels. [Reserved]

(vii) Other requirements for at-sea

processing vessels. [Reserved]

(2) Requirements for bins used to

make volumetric estimates on at-sea

processing vessels. [Reserved]

(3) Operational requirements for atsea processing vessels. [Reserved]

[FR Doc. 01–10150 Filed 4–23–01; 8:45 am]

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