[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: 50CFR635.69]

[Page 258-259]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents
 
                         Subpart F--Enforcement
 
Sec. 635.69  Vessel monitoring systems.


    (a) Applicability. To facilitate enforcement of time-area and 
fishery closures, an owner or operator of a commercial vessel permitted 
to fish for Atlantic HMS under Sec. 635.4 and that fishes with a pelagic 
longline is required to install a NMFS-approved vessel monitoring system 
(VMS) unit on board the vessel and operate the VMS unit whenever the 
vessel leaves port with pelagic longline gear on board. A vessel is 
considered to have pelagic longline gear on board for the purposes of 
this section, when gear as specified at Sec. 635.21(c) is on board.
    (b) Hardware specifications. The VMS hardware must be approved by 
NMFS and must be able to perform all NMFS required functions. NMFS will 
file with the Office of the Federal Register for publication 
notification listing the specifications for approved VMS units. As 
necessary, NMFS will make additions and/or amendments to the VMS 
hardware type approval list to account for changes in specifications or 
new products offered by manufacturers. NMFS will file with the Office of 
the Federal Register for publication notification listing such additions 
and/or amendments.
    (c) Communications specifications. The communications service 
provider must be approved by NMFS and must be able to provide all NMFS 
required functions. NMFS will file with the Office of the Federal 
Register for publication notification listing the specifications for 
approved VMS communications service providers. As necessary, NMFS will 
make additions and/or amendments to the VMS communications service 
providers type approval list to account for changes in specifications or 
new services offered by communications providers. NMFS will file with 
the Office of the Federal Register for publication notification listing 
such additions and/or amendments.
    (d) Installation and service activation. When installing and 
activating the

[[Page 259]]

NMFS-approved VMS unit, a vessel owner or operator must follow 
procedures indicated on an installation and activation checklist 
obtained from NMFS. Re-installation shall require the same checklist. 
Upon completion of installation, the vessel owner must sign a statement 
certifying compliance with the installation procedures of the checklist 
and submit such certification to NMFS as indicated on the checklist. 
Vessels fishing prior to submission of the certification will be in 
violation of the VMS requirement.
    (e) Operation. Owners or operators of vessels permitted, or required 
to be permitted, to fish for HMS that have pelagic longline gear on 
board, must activate the VMS to submit automatic position reports 
beginning 2 hours prior to leaving port and not ending until the vessel 
returns to port. While at sea, the unit must operate without 
interruption and no person may interfere with, tamper with, alter, 
damage, disable, or impede the operation of a VMS, or attempt any of the 
same. Vessels fishing outside the geographic area of operation of the 
installed VMS will be in violation of the VMS requirement.
    (f) Interruption. When the vessel operator is aware that 
transmission of automatic position reports has been interrupted, or when 
notified by NMFS that automatic position reports are not being received, 
the vessel operator must contact NMFS and follow the instructions given. 
Such instructions may include but are not limited to manually 
communicating to a location designated by NMFS the vessel's position or 
returning to port until the VMS is operable.
    (g) Repair and replacement. After a fishing trip during which 
interruption of automatic position reports has occurred, the vessel's 
owner or operator must replace or repair the VMS unit prior to the 
vessel's next trip. Repair or reinstallation of a VMS unit or 
installation of a replacement, including change of communications 
service provider shall be in accordance with the checklist provided by 
NMFS and require the same certification.
    (h) Access. As a condition to obtaining a limited access permit for 
Atlantic swordfish, sharks or tunas, all vessel owners or operators 
using pelagic longline gear subject to the VMS provisions of this 
section must allow NMFS, the USCG, and their authorized officers and 
designees access to the vessel's position data obtained from the VMS at 
the time of or after its transmission to the vendor or receiver, as the 
case may be.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999; 65 
FR 47238, Aug. 1, 2000]

    Effective Date Note: At 66 FR 1907, Jan. 10, 2001, Sec. 635.69 was 
stayed indefinitely, effective Oct. 1, 2000.