[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: 50CFR635.7]

[Page 230-231]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents
 
                           Subpart A--General
 
Sec. 635.7  At-sea observer coverage.

    (a) Applicability. NMFS may select for observer coverage any vessel 
that has an Atlantic HMS, tunas, shark or swordfish permit issued under 
Sec. 635.4. Vessels permitted in the HMS Charter/Headboat and Atlantic 
Tunas Angling and Charter/Headboat categories will be requested to take 
observers on a voluntary basis. When selected, vessels issued any other 
permit under Sec. 635.4 are required to take observers on a mandatory 
basis.
    (b) Selection of vessels. NMFS will notify a vessel owner, in 
writing, when his or her vessel is selected for observer coverage. 
Vessels will be selected to provide information on catch, bycatch and 
other fishery data according to the need for representative samples.
    (c) Notification of trips. The owner or operator of a vessel that is 
selected under paragraph (b) of this section must notify NMFS, at an 
address designated by NMFS, before commencing any fishing trip that may 
result in the incidental catch or harvest of Atlantic HMS. Notification 
procedures and information requirements such as expected gear 
deployment, trip duration and fishing area will be specified in a 
selection letter sent by NMFS.
    (d) Assignment of observers. Once notified of a trip, NMFS will 
assign an observer for that trip based on current information needs 
relative to the expected catch and bycatch likely to be associated with 
the indicated gear deployment, trip duration and fishing area. If an 
observer is not assigned for a fishing trip, NMFS will issue a waiver 
for that trip to the owner or operator of the selected vessel, so long 
as the waiver is consistent with other applicable laws. If an observer 
is assigned for a trip, the operator of the selected vessel must arrange 
to embark the observer and shall not fish for or retain any Atlantic HMS 
unless the NMFS-assigned observer is aboard.
    (e) Requirements. The owner or operator of a vessel on which a NMFS-
approved observer is embarked, regardless of whether required to carry 
the observer, must comply with Secs. 600.725 and 600.746 of this chapter 
and--
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish.
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with

[[Page 231]]

the catch and distribution of fish for that trip.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 
FR 17372, Mar. 30, 2001]