[Code of Federal Regulations]
[Title 50, Volume 9]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR660.314]

[Page 23-29]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 660_FISHERIES OFF WEST COAST STATES--Table of Contents
 
                Subpart G_West Coast Groundfish Fisheries
 
Sec.  660.314  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. A 
catcher-processor or mothership 125 ft (38.1 m) LOA or longer must carry 
two NMFS-certified observers, and a catcher-processor or mothership 
shorter than 125 ft (38.1 m) LOA must carry one NMFS-certified observer, 
each day that the vessel is used to take, retain, receive, land, 
process, or transport groundfish.
    (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 Sec.  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

[[Page 24]]

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 PCGFMP, 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. Equivalent to those provided for officers, 
engineers, foremen, deck-bosses or other management level personnel of 
the vessel.
    (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 USCG and other 
applicable rules, regulations, or statutes pertaining to safe operation 
of the vessel, and provisions at Sec. Sec.  600.725 and 600.746 of this 
chapter.
    (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 work-related messages, at no cost to 
the observer(s) or the U.S. or designated agent.
    (ii) Functional equipment. Ensuring that the vessel's communications 
equipment, used by observers to enter and transmit data, is fully 
functional and operational.
    (iii) Hardware and software. At-sea processing vessels must provide 
hardware and software pursuant to regulations at 50 CFR 
679.50(f)(1)(iii)(B)(1) and 50 CFR 679.50(f)(2), as follows:
    (A) Providing for use by the observer a personal computer in working 
condition that contains a full Pentium 120 Mhz or greater capacity 
processing chip, at least 32 megabytes of RAM, at least 75 megabytes of 
free hard disk storage, a Windows 9x or NT compatible operating system, 
an operating mouse, and a 3.5-inch (8.9 cm) floppy disk drive. The 
associated computer monitor must have a viewable screen size of at least 
14.1 inches (35.8 cm) and minimum display settings of 600x800 pixels. 
The computer equipment specified in this paragraph (A) must be connected 
to a communication device that provides a modem connection to the NMFS 
host computer and supports one or more of the following protocols: ITU 
V.22, ITU V.22bis, ITU V.32, ITU V.32bis, or ITU V.34. Processors that 
use a modem must have at least a 28.8kbs Hayes-compatible modem. The 
above-specified hardware and software requirements do not apply to 
processors that do not process groundfish.
    (B) NMFS-supplied software. Ensuring that each at-sea processing 
ship that is required to have two observers aboard obtains the data 
entry software provided by the Regional Administrator for use by the 
observer.
    (4) Vessel position. Allow observer(s) access to, and the use of, 
the vessel's navigation equipment and personnel,

[[Page 25]]

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 
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. Processing 
vessels must:
    (i) Ensure that transfers of observers at sea via small boat or raft 
are carried out during daylight hours, under safe conditions, and with 
the agreement of observers involved.
    (ii) Notify observers at least 3 hours before observers are 
transferred, such that the observers can collect personal belongings, 
equipment, and scientific samples.
    (iii) Provide a safe pilot ladder and conduct the transfer to ensure 
the safety of observers during transfers.
    (iv) Provide an experienced crew member to assist observers in the 
small boat or raft in which any transfer is made.
    (e) Procurement of observer services by at-sea processing vessels. 
Owners of vessels required to carry observers under paragraph (c)(1) of 
this section must arrange for observer services from an observer 
provider permitted by the North Pacific Groundfish Observer Program 
under 50 CFR 679.50(i), except that:
    (1) Vessels are required to procure observer services directly from 
NMFS 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 a permitted observer provider.
    (2) Vessels are required to procure observer services directly from 
NMFS and a permitted observer provider when NMFS has determined and 
given notification that the vessel must carry NMFS staff or individuals 
authorized by NMFS, in addition to an observer provided by a permitted 
observer provider.
    (f) Observer certification and responsibilities--(1) Observer 
Certification--(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 (f)(1)(v) 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 certification.
    (iii) Certification requirements. NMFS will certify individuals who:
    (A) Are employed by an observer provider company permitted pursuant 
to 50 CFR 679.50 at the time of the issuance of the certification;
    (B) Have provided, through their observer provider:
    (1) Information identified by NMFS at 50 CFR 679.50(i)(2) 
(x)(A)(1)(iii) and (iv); and
    (2) Information identified by NMFS at 50 CFR 679.50(i)(2)(x)(C) 
regarding the observer candidate's health and physical fitness for the 
job;
    (C) Meet all education and health standards as specified in 50 CFR

[[Page 26]]

679.50(i)(2)(i)(A) and (1)(2)(x)(C), respectively; and
    (D) Have successfully completed NMFS-approved training as prescribed 
by the Observer Program.
    (1) 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.
    (2) 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, or 
whether, the candidate will not be allowed to retake the training. If a 
determination is made that the candidate may not pursue further 
training, notification will be in the form of an IAD denying 
certification, as specified under paragraph (f)(1)(iv)(A) of this 
section.
    (E) Have not been decertified under paragraph (f)(3) of this 
section, or pursuant to 50 CFR 679.50.
    (iv) Agency determinations on observer certification (A) Denial of a 
certification. The NMFS observer certification official will issue a 
written IAD denying observer certification when the observer 
certification official determines that a candidate has unresolvable 
deficiencies in meeting the requirements for certification as specified 
in paragraph (f)(1)(iii) of this section. The IAD will identify the 
reasons certification was denied and what requirements were deficient.
    (B) Appeals. A candidate who receives an IAD that denies his or her 
certification may appeal pursuant to paragraph (f)(4) of this section. A 
candidate who appeals the IAD will not be issued an interim observer 
certification, and will not receive a certification unless the final 
resolution of that appeal is in the candidate's favor.
    (C) 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 in paragraph (f)(1)(iii) of this section.
    (v) Endorsements. The following endorsements must be obtained, in 
addition to observer certification, in order for an observer to deploy.
    (A) 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.
    (B) 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.
    (C) 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 in writing by the Observer 
Program during the observer's most recent debriefing.
    (D) Pacific whiting fishery 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:

[[Page 27]]

    (1) Be a prior NMFS-certified observer in the groundfish fisheries 
off Alaska or the Pacific Coast, unless an individual with this 
qualification is not available;
    (2) Receive an evaluation by NMFS for his or her most recent 
deployment (if any) that indicated that the observer's performance met 
Observer Program expectations for that deployment;
    (3) Successfully complete a NMFS-approved observer training and/or 
whiting briefing as prescribed by the Observer Program; and
    (4) Comply with all of the other requirements of this section.
    (2) Standards of observer conduct--(i) Limitations on conflict of 
interest.
    (A) Observers:
    (1) Must not have a direct financial interest, other than the 
provision of observer services, in a North Pacific fishery managed 
pursuant to an FMP for the waters off the coast of Alaska, 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:
    (i) Any ownership, mortgage holder, or other secured interest in a 
vessel, shoreside or floating stationary processor facility involved in 
the catching, taking, harvesting or processing of fish,
    (ii) Any business involved with selling supplies or services to any 
vessel, shoreside or floating stationary processing facility; or
    (iii) Any business involved with purchasing raw or processed 
products from any vessel, shoreside or floating stationary processing 
facilities.
    (2) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from anyone who either conducts activities that are regulated by 
NMFS or has interests that may be substantially affected by the 
performance or nonperformance of the observers' official duties.
    (3) May not serve as observers on any vessel or at any shoreside or 
floating stationary processing facility owned or operated by a person 
who previously employed the observers.
    (4) May not solicit or accept employment as a crew member or an 
employee of a vessel, shoreside processor, or stationary floating 
processor while employed by an observer provider.
    (B) Provisions for remuneration of observers under this section do 
not constitute a conflict of interest.
    (ii) Standards of behavior. Observers must avoid any behavior that 
could adversely affect the confidence of the public in the integrity of 
the Observer Program or of the government, including but not limited to 
the following:
    (A) Observers must perform their assigned duties as described in the 
Observer Manual or other written instructions from the Observer Program 
Office.
    (B) Observers must 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) Observers must 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 processing facility, an 
authorized officer, or NMFS.
    (D) Observers must refrain from engaging in any illegal actions or 
any other activities that would reflect negatively on their image as 
professional scientists, on other observers, or on the Observer Program 
as a whole. This includes, but is not limited to:
    (1) Violating the drug and alcohol policy established by and 
available from the Observer Program;
    (2) Engaging in the use, possession, or distribution of illegal 
drugs; or
    (3) Engaging in physical 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.
    (3) Suspension and decertification--(i) 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

[[Page 28]]

issue initial administrative determinations of observer certification 
suspension and/or decertification.
    (ii) Causes for suspension or decertification. The suspension/
decertification official may initiate suspension or decertification 
proceedings against an observer:
    (A) When it is alleged that the observer has committed any acts or 
omissions of any of the following:
    (1) Failed to satisfactorily perform the duties of observers as 
specified in writing by the NMFS Observer Program; or
    (2) Failed to abide by the standards of conduct for observers as 
prescribed under paragraph (f)(2) of this section;
    (B) 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 as specified in writing by the NMFS Observer Program;
    (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 observers.
    (iii) Issuance of initial administrative determination. Upon 
determination that suspension or decertification is warranted under 
paragraph (f)(3)(ii) of this section, 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. If the IAD issues a 
suspension for an observer certification, the terms of the suspension 
will be specified. Suspension or decertification is effective 
immediately as of the date of issuance, unless the suspension/
decertification official notes a compelling reason for maintaining 
certification for a specified period and under specified conditions.
    (iv) Appeals. A certified observer who receives an IAD that suspends 
or revokes his or her observer certification may appeal pursuant to 
paragraph (f)(4) of this section.
    (4) Appeals. (i) Decisions on appeals of initial administrative 
decisions denying certification to, or suspending, or decertifying, an 
observer, will be made by the Regional Administrator (or designated 
official).
    (ii) Appeals decisions shall be in writing and shall state the 
reasons therefor.
    (iii) An appeal must be filed with the Regional Administrator within 
30 days of the initial administrative decision denying, suspending, or 
revoking the observer's certification.
    (iv) The appeal must be in writing, and must allege facts or 
circumstances to show why the certification should be granted, or should 
not be suspended or revoked, under the criteria in this section.
    (v) Absent good cause for further delay, the Regional Administrator 
(or designated official) will issue a written decision on the appeal 
within 45 days of receipt of the appeal. The Regional Administrator's 
decision is the final administrative decision of the Department as of 
the date of the decision.
    (g) 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 at-sea processing vessels. The 
observer must have a working area of 4.5 square meters, including the 
observer's sampling table, for sampling and storage of fish to be 
sampled. The observer must be able to stand upright and have a work area 
at least 0.9 m deep in the area in front of the table and scale.

[[Page 29]]

    (iv) Table aboard at-sea processing vessels. The observer sampling 
station must include a table at least 0.6 m deep, 1.2 m wide and 0.9 m 
high and no more than 1.1 m high. The entire surface area of the table 
must be available for use by the observer. Any area for the observer 
sampling scale is in addition to the minimum space requirements for the 
table. The observer's sampling table must be secured to the floor or 
wall.
    (v) Diverter board aboard at-sea processing vessels. The conveyor 
belt conveying unsorted catch must have a removable board (diverter 
board) to allow all fish to be diverted from the belt directly into the 
observer's sampling baskets. The diverter board must be located 
downstream of the scale used to weigh total catch. At least 1 m of 
accessible belt space, located downstream of the scale used to weight 
total catch, must be available for the observer's use when sampling.
    (vi) Other requirement for at-sea processing vessels. The sampling 
station must be in a well-drained area that includes floor grating (or 
other material that prevents slipping), lighting adequate for day or 
night sampling, and a hose that supplies fresh or sea water to the 
observer.
    (vii) Observer sampling scale. The observer sample station must 
include a NMFS-approved platform scale (pursuant to requirements at 50 
CFR 679.28(d)(5)) with a capacity of at least 50 kg located within 1 m 
of the observer's sampling table. The scale must be mounted so that the 
weighing surface is no more than 0.7 m above the floor.
    (2) Requirements for bins used to make volumetric estimates on at-
sea processing vessels. [Reserved]
    (3) Operational requirements for at-sea processing vessels. 
[Reserved]

[66 FR 20613, Apr. 24, 2001, as amended at 69 FR 31755, June 7, 2004. 
Redesignated and amended at 69 FR 42350, July 15, 2004; 69 FR 57881, 
Sept. 28, 2004]