California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 1 - Fish, Amphibians and Reptiles › Chapter 6 - Fish, Commercial › Section 105.5 - Cooperation with State and Federal Fishery Observers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Owners or operators of commercial fishing
				  vessels permitted under regulations of the Commission, and commercial passenger
				  fishing vessels licensed pursuant to Fish and Game Code Section
				  7920,
				  will, as a condition of permit or license issuance, cooperate with Department
				  or Federal fishery observers, or observers collecting data for the Department,
				  when asked to carry and accommodate an observer on fishing trips at no charge
				  to the sponsoring agency.
(b) If
				  observer coverage of a trip is denied by the owner or operator of a vessel, the
				  Department may require an explanation in writing from the owner or operator.
				  This explanation shall be received by the Department within 15 days of written
				  request by the Department for an explanation.
(c) The Department may request revocation of
				  fishing permits or licenses to the Commission for denials that it deems to be
				  uncooperative in nature, after first allowing the owner or operator to meet
				  with the Manager of Marine Region, or his representative, to provide an
				  explanation for the denial.
(d) The
				  Department or Federal agency requesting cooperation under subsection (a) shall
				  not require the vessel operator or owner to provide an observer with meals or a
				  subsistence allowance on observed fishing trips, but shall accommodate the
				  observer with regard to reasonable eating and working conditions and access to
				  pertinent fishing information and fishery data while aboard the
				  vessel.
(e) Failure to provide
				  reasonable eating and working conditions or access to pertinent fishing
				  information or fishery data to observers, or actions taken by a vessel owner or
				  operator against an observer that is prohibited pursuant to subsection (f), on
				  observed fishing trips may lead to revocation of the vessel's fishing permits
				  or licenses issued under regulations of the Commission following the procedure
				  outlined in subsections (b) and (c) above.
(f) To ensure that observer objectives may be
				  reasonably and safely achieved, consistent with federal groundfish observer
				  rules, it is unlawful for any person to do any of the following:
(1) forcibly assault, resist, oppose, impede,
				  intimidate, sexually harass, bribe, or interfere with an observer,
(2) interfere with or bias the sampling
				  procedure employed by an observer, including physical, mechanical, or other
				  sorting or discarding of any catch before sampling,
(3) tamper with, destroy or discard an
				  observer's collected samples, equipment, or personal gear, without the express
				  consent of the observer,
(4)
				  prohibit or bar by command, impediment, threat, coercion, or refusal of
				  reasonable assistance, an observer collecting samples, making observations, or
				  otherwise performing the observers duties,
(5) harass an observer by conduct that has
				  sexual connotations, has the purpose or effect of interfering with the
				  observer's work performance, or otherwise creates an intimidating, hostile or
				  offensive environment,
(6) require,
				  pressure, coerce, or threaten an observer to perform duties normally performed
				  by crew members.