[Code of Federal Regulations]
[Title 50, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR600.355]

[Page 45-47]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 600--MAGNUSON-STEVENS ACT PROVISIONS--Table of Contents
 
                      Subpart D--National Standards
 
Sec. 600.355  National Standard 10--Safety of Life at Sea.

    (a) Standard 10. Conservation and management measures shall, to the 
extent practicable, promote the safety of human life at sea.
    (b) General. (1) Fishing is an inherently dangerous occupation where 
not all hazardous situations can be foreseen or avoided. The standard 
directs Councils to reduce that risk in crafting their management 
measures, so long as they can meet the other national standards and the 
legal and practical requirements of conservation and management. This 
standard is not meant to give preference to one method of managing a 
fishery over another.
    (2) The qualifying phrase ``to the extent practicable'' recognizes 
that regulation necessarily puts constraints on fishing that would not 
otherwise exist.

[[Page 46]]

These constraints may create pressures on fishermen to fish under 
conditions that they would otherwise avoid. This standard instructs the 
Councils to identify and avoid those situations, if they can do so 
consistent with the legal and practical requirements of conservation and 
management of the resource.
    (3) For the purposes of this national standard, the safety of the 
fishing vessel and the protection from injury of persons aboard the 
vessel are considered the same as ``safety of human life at sea. The 
safety of a vessel and the people aboard is ultimately the 
responsibility of the master of that vessel. Each master makes many 
decisions about vessel maintenance and loading and about the 
capabilities of the vessel and crew to operate safely in a variety of 
weather and sea conditions. This national standard does not replace the 
judgment or relieve the responsibility of the vessel master related to 
vessel safety. The Councils, the USCG, and NMFS, through the 
consultation process of paragraph (d) of this section, will review all 
FMPs, amendments, and regulations during their development to ensure 
they recognize any impact on the safety of human life at sea and 
minimize or mitigate that impact where practicable.
    (c) Safety considerations. The following is a non-inclusive list of 
safety considerations that should be considered in evaluating management 
measures under national standard 10.
    (1) Operating environment. Where and when a fishing vessel operates 
is partly a function of the general climate and weather patterns of an 
area. Typically, larger vessels can fish farther offshore and in more 
adverse weather conditions than smaller vessels. An FMP should try to 
avoid creating situations that result in vessels going out farther, 
fishing longer, or fishing in weather worse than they generally would 
have in the absence of management measures. Where these conditions are 
unavoidable, management measures should mitigate these effects, 
consistent with the overall management goals of the fishery.
    (2) Gear and vessel loading requirements. A fishing vessel operates 
in a very dynamic environment that can be an extremely dangerous place 
to work. Moving heavy gear in a seaway creates a dangerous situation on 
a vessel. Carrying extra gear can also significantly reduce the 
stability of a fishing vessel, making it prone to capsizing. An FMP 
should consider the safety and stability of fishing vessels when 
requiring specific gear or requiring the removal of gear from the water. 
Management measures should reflect a sensitivity to these issues and 
provide methods of mitigation of these situations wherever possible.
    (3) Limited season and area fisheries. Fisheries where time 
constraints for harvesting are a significant factor and with no 
flexibility for weather, often called ``derby'' fisheries, can create 
serious safety problems. To participate fully in such a fishery, 
fishermen may fish in bad weather and overload their vessel with catch 
and/or gear. Where these conditions exist, FMPs should attempt to 
mitigate these effects and avoid them in new management regimes, as 
discussed in paragraph (e) of this section.
    (d) Consultation. During preparation of any FMP, FMP amendment, or 
regulation that might affect safety of human life at sea, the Council 
should consult with the USCG and the fishing industry as to the nature 
and extent of any adverse impacts. This consultation may be done through 
a Council advisory panel, committee, or other review of the FMP, FMP 
amendment, or regulations. Mitigation, to the extent practicable, and 
other safety considerations identified in paragraph (c) of this section 
should be included in the FMP.
    (e) Mitigation measures. There are many ways in which an FMP may 
avoid or provide alternative measures to reduce potential impacts on 
safety of human life at sea. The following is a list of some factors 
that could be considered when management measures are developed:
    (1) Setting seasons to avoid hazardous weather.
    (2) Providing for seasonal or trip flexibility to account for bad 
weather (weather days).
    (3) Allowing for pre- and post-season ``soak time'' to deploy and 
pick up fixed gear, so as to avoid overloading vessels with fixed gear.

[[Page 47]]

    (4) Tailoring gear requirements to provide for smaller or lighter 
gear for smaller vessels.
    (5) Avoiding management measures that require hazardous at-sea 
inspections or enforcement if other comparable enforcement could be 
accomplished as effectively.
    (6) Limiting the number of participants in the fishery.
    (7) Spreading effort over time and area to avoid potential gear and/
or vessel conflicts.
    (8) Implementing management measures that reduce the race for fish 
and the resulting incentives for fishermen to take additional risks with 
respect to vessel safety.

[63 FR 24236, May 1, 1998]