[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: 50CFR679.28]

[Page 685-693]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--Table of Contents
 
                     Subpart B--Management Measures
 
Sec. 679.28  Equipment and operational requirements.

    (a) Applicability. This section contains the requirements for 
scales, observer sampling stations, bins for volumetric estimates, and 
vessel monitoring system hardware. This section does not require any 
vessel or processor to provide this equipment. Such requirements appear 
elsewhere in this part.
    (b) Scales used to weigh catch at sea. In order to be approved by 
NMFS a scale used to weigh catch at sea must meet the type evaluation 
requirements set forth in paragraph (b)(1) of this section and the 
initial inspection and annual reinspection requirements set forth in 
paragraph (b)(2) of this section. Once a scale is installed on a vessel 
and approved by NMFS for use to weigh catch at sea, it must be 
reinspected annually and must be tested daily and meet the maximum 
permissible error (MPE) requirements described in paragraph (b)(3) of 
this section.
    (1) List of scales eligible for approval. The model of scale must be 
included on the Regional Administrator's list of scales eligible to be 
approved for weighing catch at sea before an inspector will schedule or 
conduct a scale inspection under paragraph (b)(2) of this section. A 
scale will be included on the list when the Regional Administrator 
receives the information specified in paragraphs (b)(1)(i) through (iv) 
of this section. This information identifies and describes the scale, 
sets forth contact information regarding the manufacturer, and sets 
forth the results of required type evaluations and testing. Type 
evaluation and testing must be conducted by a laboratory accredited by 
the government of the country in which the tests are conducted.
    (i) Information about the scale. (A) Name of scale manufacturer.
    (B) Name of manufacturer's representative.
    (C) Mailing address of scale manufacturer and manufacturer's 
representative.
    (D) Telephone and fax number of manufacturer's representative.
    (E) Model and serial number of the scale tested.
    (F) A written description of the scale and diagrams explaining how 
the scale operates and how it compensates for motion.
    (G) A list of the model numbers of all scales for which type 
evaluation results are applicable, identifying the

[[Page 686]]

differences between the model evaluated in the laboratory and other 
models listed. The scales may differ only in the elements of the scale 
that perform motion compensation, the size or capacity of the scale, and 
the software used by the scale.
    (H) A list of types of scale adjustments that will be recorded on 
the audit trail, including the name of the adjustment as it will appear 
on the audit trail, and a written description of the adjustment.
    (ii) Information about the laboratory. (A) Name of laboratory.
    (B) Mailing address of laboratory.
    (C) Telephone and fax number of laboratory's representative.
    (D) Name and address of government agency accrediting the 
laboratory.
    (E) Name and signature of person responsible for evaluation of the 
scale and the date of signature.
    (iii) Checklist. A completed checklist indicating that all 
applicable technical and performance standards in appendix A to this 
part and the laboratory tests in the annex to appendix A to this part 
have been met.
    (iv) Verification of test results. Verification that a scale meets 
the laboratory evaluation and testing requirements in appendix A of this 
part and each of the influence quantity and disturbance tests as 
specified in the annex to appendix A to this part:
    (A) Test results and data on forms supplied by NMFS;
    (B) National Type Evaluation Program (NTEP) Certificates of 
Conformance, test results and data for a component of a scale or for the 
entire device. NTEP Certificates of Conformance, test results, and data 
may be submitted only in lieu of the specific influence factor tests 
conducted to obtain the NTEP Certificates of Conformance. Additional 
information must be submitted to verify compliance with the laboratory 
tests that are not performed under the NTEP; and/or
    (C) International Organization of Legal Metrology (OIML) 
Certificates of Conformance, test results and data.
    (2) Inspection of at-sea scales--(i) What is an inspection? An 
inspection is a visual assessment and test of a scale after it is 
installed on the vessel and while the vessel is tied up at a dock and 
not under power at sea to determine if the scale meets all of the 
applicable performance and technical requirements in paragraph (b)(2) of 
this section and in appendix A to this part. A scale will be approved by 
the inspector if it meets all of the applicable performance and 
technical requirements in paragraph (b)(2) of this section and appendix 
A to this part.
    (ii) How often must a scale be inspected? Each scale must be 
inspected and approved before the vessel may participate in any fishery 
requiring the weighing of catch at sea with an approved scale. Each 
scale must be reinspected within 12 months of the date of the most 
recent inspection.
    (iii) Who may perform scale inspections? Scales must be inspected by 
either a NMFS staff scale inspector or a scale inspector employed by a 
weights and measures agency designated by NMFS to perform scale 
inspections on its behalf. A list of authorized scale inspectors is 
available from the Regional Administrator upon request. Scale 
inspections are paid for by NMFS.
    (A) Inspectors from an agency designated by NMFS. Inspectors 
employed by a weights and measures agency designated by NMFS to perform 
scale inspections on behalf of NMFS. Scale inspections by such 
inspectors are paid for by NMFS.
    (B) Inspectors from other agencies. Inspectors employed by a U.S., 
state, or local weights and measures agency other than the weights and 
measures agency designated by NMFS and meeting the following 
requirements:
    (1) The inspector successfully completes training conducted by a 
scale inspector from the weights and measures agency designated by NMFS 
to perform scale inspections on behalf of NMFS. The training consists of 
observing a scale inspection conducted by a scale inspector designated 
by NMFS and conducting an inspection under the supervision of a scale 
inspector designated by NMFS. The inspector must obtain this training 
for each type of scale inspected.
    (2) The inspector notifies NMFS in writing that he/she meets the 
requirements of this paragraph (b)(2)(iii)(B) prior to conducting any 
inspections.

[[Page 687]]

    (3) Inspectors from agencies other than the weights and measures 
agency designated by NMFS to perform scale inspections on behalf of NMFS 
must notify the Regional Administrator of the date, time, and location 
of the scale inspection at least 3 working days before the inspection is 
conducted so that NMFS staff may have the opportunity to observe the 
inspection.
    (iv) How does a vessel owner arrange for a scale inspection? The 
time and place of the inspection may be arranged by contacting the 
authorized scale inspectors. Vessel owners must request a scale 
inspection at least 10 working days in advance of the requested 
inspection by contacting an authorized scale inspector at the address 
indicated on the list of authorized inspectors.
    (v) Where will scale inspections be conducted? Scale inspections by 
inspectors paid by NMFS will be conducted on vessels tied up at docks in 
Dutch Harbor, Alaska, and in the Puget Sound area of Washington State.
    (vi) Responsibilities of the vessel owner during a scale inspection. 
After the vessel owner has installed a model of scale that is on the 
Regional Administrator's list of scales eligible to be approved for 
weighing catch at sea, the vessel owner must:
    (A) Make the vessel and scale available for inspection by a scale 
inspector authorized by the Regional Administrator.
    (B) Provide a copy of the scale manual supplied by the scale 
manufacturer to the inspector at the beginning of the inspection.
    (C) Transport test weights, test material, and equipment required to 
perform the test to and from the inspector's vehicle and the location on 
the vessel where the scale is installed.
    (D) Apply test weights to the scale or convey test materials across 
the scale, if requested by the scale inspector.
    (E) Assist the scale inspector in performing the scale inspection 
and testing.
    (vii) Scale inspection report. (A) A scale is approved for use when 
the scale inspector completes and signs a scale inspection report 
verifying that the scale meets all of the requirements specified in this 
paragraph (b)(2) and appendix A to this part.
    (B) The scale inspector must provide the original inspection report 
to the vessel owner and a copy to NMFS.
    (C) The vessel owner must either:
    (1) Maintain a copy of the report on board when use of the scale is 
required and make the report available to the observer, NMFS personnel, 
or an authorized officer, upon request, or;
    (2) Display a valid NMFS-sticker on each approved scale.
    (D) When in use, an approved scale must also meet the requirements 
described in paragraphs (b)(3) through (b)(6) of this section.
    (3) At-sea scale tests. To verify that the scale meets the MPEs 
specified in this paragraph (b)(3), the vessel operator must test each 
scale or scale system used to weigh total catch one time during each 24-
hour period when use of the scale is required. The vessel owner must 
ensure that these tests are performed in an accurate and timely manner.
    (i) Belt scales and automatic hopper scales. (A) The MPE in the 
daily at-sea scale tests is plus or minus 3 percent of the known weight 
of the test material.
    (B) Test procedure. A material test must be conducted by weighing at 
least 400 kg of fish or an alternative material supplied by the scale 
manufacturer on the scale under test. The known weight of the test 
material must be determined by weighing it on a platform scale approved 
for use under paragraph (b)(7) of this section.
    (ii) Platform and hanging scales-- (A) The MPE for platform and 
hanging scales is plus or minus 0.5 percent of the known weight of the 
test material.
    (B) Test weights. Each test weight must have its weight stamped on 
or otherwise permanently affixed to it. The weight of each test weight 
must be annually certified by a National Institute of Standards and 
Technology approved metrology laboratory or approved for continued use 
by the NMFS authorized inspector at the time of the annual scale 
inspection. The amount of test weights that must be provided by the 
vessel owner is specified in paragraphs (b)(3)(ii)(B)(1) and 
(b)(3)(ii)(B)(2) of this section.

[[Page 688]]

    (1) Platform scales used as observer sampling scales or to determine 
the known weight of test materials. Any combination of test weights that 
will allow the scale to be tested at 10 kg, 25 kg, and 50 kg.
    (2) Scales used to weigh total catch. Test weights equal to the 
largest amount of fish that will be weighed on the scale in one 
weighment.
    (iii) Requirements for all scale tests. (A) Notify the observer at 
least 15 minutes before the time that the test will be conducted, and 
conduct the test while the observer is present.
    (B) Conduct the scale test by placing the test material or test 
weights on or across the scale and recording the following information 
on the at-sea scale test report form:
    (1) Vessel name;
    (2) Month, day, and year of test;
    (3) Time test started to the nearest minute;
    (4) Known weight of test material or test weights;
    (5) Weight of test material or test weights recorded by scale;
    (6) Percent error as determined by subtracting the known weight of 
the test material or test weights from the weight recorded on the scale, 
dividing that amount by the known weight of the test material or test 
weights, and multiplying by 100; and
    (7) Sea conditions at the time of the scale test.
    (C) Maintain the test report form on board the vessel until the end 
of the fishing year during which the tests were conducted, and make the 
report forms available to observers, NMFS personnel, or an authorized 
officer. In addition, the scale test report forms must be retained by 
the vessel owner for 3 years after the end of the fishing year during 
which the tests were performed. All scale test report forms must be 
signed by the vessel operator.
    (4) Scale maintenance. The vessel owner must ensure that the vessel 
operator maintains the scale in proper operating condition throughout 
its use; that adjustments made to the scale are made so as to bring the 
performance errors as close as practicable to a zero value; and that no 
adjustment is made that will cause the scale to weigh fish inaccurately.
    (5) Printed reports from the scale (not applicable to observer 
sampling scales). The vessel owner must ensure that the printed reports 
are provided as required by this paragraph. Printed reports from the 
scale must be maintained on board the vessel until the end of the year 
during which the reports were made and be made available to observers, 
NMFS personnel, or an authorized officer. In addition, printed reports 
must be retained by the vessel owner for 3 years after the end of the 
year during which the printouts were made.
    (i) Reports of catch weight and cumulative weight. Reports must be 
printed at least once every 24 hours when use of the scale is required. 
Reports must also be printed before any information stored in the scale 
computer memory is replaced. Scale weights must not be adjusted by the 
scale operator to account for the perceived weight of water, mud, 
debris, or other materials. Scale printouts must show:
    (A) The vessel name and Federal fisheries or processor permit 
number;
    (B) The haul or set number as recorded in the processor's DCPL (see 
Sec. 679.5);
    (C) The total weight of the haul or set;
    (D) The total cumulative weight of all fish or other material 
weighed on the scale.
    (ii) Printed report from the audit trail. The printed report must 
include the information specified in sections 2.3.1.8, 3.3.1.7, and 
4.3.1.8 of appendix A to this part. The printed report must be provided 
to the authorized scale inspector at each scale inspection and must also 
be printed at any time upon request of the observer, the scale 
inspector, NMFS staff, or an authorized officer.
    (6) Scale installation requirements. The scale display must be 
readable from where the observer collects unsorted catch.
    (7) Platform scales used as observer sampling scales or to determine 
the known weight of test materials. Platform scales used only as 
observer sampling scales or to determine the known weight of fish for a 
material test of another scale are required to meet all of the 
requirements of paragraph (b) of this section

[[Page 689]]

and appendix A to this part except sections 4.3.1 and 4.3.1.5 of 
appendix A to this part (printer) or section 4.3.1.8 (audit trail) of 
appendix A to this part.
    (c) Scales approved by the State of Alaska. Scales used to weigh 
groundfish catch that are also required to be approved by the State of 
Alaska under Alaska Statutes 45.75 must meet the following requirements:
    (1) Verification of approval. The scale must display a valid State 
of Alaska sticker indicating that the scale was inspected and approved 
within the previous 12 months.
    (2) Visibility. The scale and scale display must be visible 
simultaneously to the observer. Observers, NMFS personnel, or an 
authorized officer must be allowed to observe the weighing of fish on 
the scale and be able to read the scale display at all times.
    (3) Printed scale weights. Printouts of the scale weight of each 
haul, set, or delivery must be made available to observers, NMFS 
personnel, or an authorized officer at the time printouts are generated 
and thereafter upon request for the duration of the fishing year. 
Printouts must be retained by the operator or manager as specified in 
Sec. 679.5(a)(13).
    (d) Observer sampling station--(1) Accessibility. All of the 
equipment required for an observer sampling station must be available to 
the observer at all times while a sampling station is required and the 
observer is aboard the vessel, except that the observer sampling scale 
may be used by vessel personnel to conduct material tests of the scale 
used to weigh total catch under paragraph (b)(3) of this section, as 
long as the use of the observer's sampling scale by others does not 
interfere with the observer's sampling duties.
    (2) Location--(i) Motherships and catcher/processors or catcher 
vessels using trawl gear. The observer sampling station must be located 
within 4 m of the location from which the observer collects unsorted 
catch. Clear, unobstructed passage must be provided between the observer 
sampling station and the location where the observer collects unsorted 
catch. When standing where unsorted catch is sampled, the observer must 
be able to see that no fish have been removed between the bin and the 
scale used to weigh total catch.
    (ii) Vessels using nontrawl gear. The observer sampling station must 
be located within 5 m of the collection area, described at 
Sec. 679.28(d)(7)(ii)(B), unless any location within this distance is 
unsafe for the observer. Clear, unobstructed passage must be provided 
between the observer sampling station and the collection area. Access 
must be provided to the tally station, described at 
Sec. 679.28(d)(7)(ii)(A). NMFS may approve an alternative location if 
the vessel owner submits a written proposal describing the alternative 
location and the reasons why a location within 5 m of where fish are 
brought on board the vessel is unsafe, and the proposed observer 
sampling station meets all other applicable requirements of this 
section.
    (iii) What is clear, unobstructed passage? Where clear and 
unobstructed passage is required, passageways must be at least 65 cm 
wide at their narrowest point, be free of tripping hazards, and be at 
least 1.8 m high. Doorways or companionways must be free of obstacles.
    (3) Minimum work space. The observer must have a working area for 
sampling of at least 4.5 square meters. This working area includes the 
observer's sampling table. 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.
    (4) Table. 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 used 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.
    (5) Observer sampling scale. The observer sampling station must 
include a NMFS-approved platform scale 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. The scale must be approved by NMFS under paragraph (b) of

[[Page 690]]

this section and must meet the maximum permissible error requirement 
specified in paragraph (b)(3)(ii)(A) of this section when tested by the 
observer.
    (6) Other requirements. The sampling station must include flooring 
that prevents slipping and drains well (grating or other material where 
appropriate), adequate lighting, and a hose that supplies fresh or sea 
water to the observer.
    (7) Requirements for sampling catch--(i) Motherships and catcher/
processors using trawl gear. The conveyor belt conveying unsorted catch 
must have a removable board to allow 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 so that the 
observer can use this scale to weigh large samples. At least 1 m of 
accessible belt space, located downstream of the scale used to weigh 
total catch, must be available for the observer's use when sampling a 
haul.
    (ii) Catcher/processors using non-trawl gear. In addition to the 
sampling station, vessels using non-trawl gear must provide: (A) Tally 
station. A place where the observer can see the gear as it leaves the 
water and can count and identify fish. It must be within 5 m of where 
fish are brought aboard the vessel and in a location where the observer 
is not in danger of falling overboard or being injured during gear 
retrieval. Where exposed to wind or seas, it must be equipped with a 
railing at least 1.0 m high, grating or other non-slip material, and 
adequate lighting.
    (B) Collection area. A collection area is a place where the 
observer, or vessel crew under the observer's guidance, collects fish as 
they come off the line or are removed from pots. It must be located 
where the observer can see the gear when it leaves the water. Where 
exposed to wind or seas, it must be equipped with a railing at least 1.0 
m high and grating or other non-slip material.
    (8) Inspection of the observer sampling station. Each observer 
sampling station must be inspected and approved by NMFS prior to its use 
for the first time and then one time each year within 12 months of the 
date of the most recent inspection with the following exceptions: If the 
observer sampling station is moved or if the space or equipment 
available to the observer is reduced or removed when use of the observer 
sampling station is required, the observer sampling station inspection 
report issued under this section is no longer valid, and the observer 
sampling station must be reinspected and approved by NMFS. Inspection of 
the observer sampling station is in addition to inspection of the at-sea 
scales by an authorized scale inspector required at paragraph (b)(2) of 
this section.
    (i) How does a vessel owner arrange for an ovserver sampling station 
inspection? The time and place of the inspection may be arranged by 
submitting to NMFS a written request for an inspection. Inspections will 
be scheduled no later than 10 working days after NMFS receives a 
completeapplication for an inspection, including the following 
information:
    (A) Name and signature of the person submitting the application, and 
the date of the application.
    (B) Street address, business address, telephone number, and fax 
number of the person submitting the application.
    (C) Whether the vessel or processor has received an observer 
sampling scale inspection before and, if so, the date of the most recent 
inspection report.
    (D) Vessel name.
    (E) Federal fishery permit number.
    (F) Location of vessel where sampling station inspection is 
requested to occur, including street address and city.
    (G) For catcher/processors using trawl gear and motherships, a 
diagram drawn to scale showing the location(s) where all catch will be 
weighed, the location where observers will sample unsorted catch, and 
the location of the observer sampling station as described at paragraph 
(d) of this section.
    (H) For all other vessels, a diagram drawn to scale showing the 
location(s) where catch comes on board the vessel, the location where 
observers will sample unsorted catch, the location of the observer 
sampling station, including the observer sampling scale, and the name of 
the manufacturer and model of the observer sampling scale.

[[Page 691]]

    (I) For all vessels, a copy of the most recent scale inspection 
report issued under paragraph (b)(2) of this section.
    (ii) Where will observer sampling station inspections be conducted? 
Inspections will be conducted on vessels tied up at docks in Dutch 
Harbor, Alaska, and in the Puget Sound area of Washington State.
    (iii) Observer sampling station inspection report. An observer 
sampling station inspection report, valid for 12 months from the date it 
is signed by NMFS, will be issued to the vessel owner if the observer 
sampling station meets the requirements in this paragraph (d). The 
vessel owner must maintain a current observer sampling station 
inspection report on board the vessel at all times when the vessel is 
required to provide an observer sampling station approved for use under 
this paragraph (d). The observer sampling station inspection report must 
be made available to the observer, NMFS personnel, or to an authorized 
officer upon request.
    (e) Certified bins for volumetric estimates of catch weight--(1) 
Certification. The information required in this paragraph (e) must be 
prepared, dated, and signed by a licensed engineer with no financial 
interest in fishing, fish processing, or fish tendering vessels. 
Complete bin certification documents must be submitted to the Regional 
Administrator prior to harvesting or receiving groundfish from a fishery 
in which certified bins are required and must be on board the vessel and 
available to the observer at all times.
    (2) Specifications--(i) Measurement and marking. The volume of each 
bin must be determined by accurate measurement of the internal 
dimensions of the bin. The internal walls of the bin must be permanently 
marked and numbered in 10-cm increments indicating the level of fish in 
the bin in cm. All marked increments and numerals must be readable from 
the outside of the bin through a viewing port or hatch at all times. 
Marked increments are not required on the wall in which the viewing port 
is located, unless such increments are necessary to determine the level 
of fish in the bin from another viewing port. Bins must be lighted in a 
manner that allows marked increments to be read from the outside of the 
bin by an observer or authorized officer. For bin certification 
documents dated after July 6, 1998, the numerals at the 10-cm increment 
marks must be at least 4 cm high.
    (ii) Viewing ports. Each bin must have a viewing port or ports from 
which the internal bin markings and numerals on all walls of the bin can 
be seen from the outside of the bin, except that bin markings and 
numerals are not required on the wall in which the viewing port is 
placed, if that wall cannot be seen from any other viewing port in the 
bin.
    (3) Information required. For bin certification documents submitted 
after July 6, 1998, the person certifying the bins must provide:
    (i) The vessel name;
    (ii) The date the engineer measured the bins and witnessed the 
location of the marked increments and numerals;
    (iii) A diagram, to scale, of each bin showing the location of the 
marked increments on each internal wall of the bin, the location, and 
dimensions of each viewing port or hatch, and any additional information 
needed to estimate the volume of fish in the bin;
    (iv) Tables indicating the volume of each certified bin in cubic 
meters for each 10-cm increment marked on the sides of the bins;
    (v) Instructions for determining the volume of fish in each bin from 
the marked increments and table; and
    (vi) The person's name and signature and the date on which the 
completed bin certification documents were signed.
    (4) Recertification. The bin's volume and the marked and numbered 
increments must be recertified if the bin is modified in a way that 
changes its size or shape or if marking strips or marked increments are 
moved or added.
    (5) Operational requirements--(i) Placement of catch in certified 
bins. All catch must be placed in a bin certified under this paragraph 
(e) to estimate total catch weight prior to sorting. Refrigerated 
seawater tanks may be used for volumetric estimates only if the tanks 
comply with all other requirements of this paragraph (e). No adjustments 
of volume will be made for the presence of water in the bin or tank.

[[Page 692]]

    (ii) Prior notification. Vessel operators must notify observers 
prior to any removal of fish from or addition of fish to each bin used 
for volumetric measurements of catch so that an observer may make bin 
volume estimates prior to fish being removed from or added to the bin. 
Once a volumetric estimate has been made, additional fish may not be 
added to the bin until at least half the original volume has been 
removed. Fish may not be removed from or added to a bin used for 
volumetric estimates of catch weight until an observer indicates that 
bin volume estimates have been completed and any samples of catch 
required by the observer have been taken.
    (iii) Fish from separate hauls or deliveries from separate 
harvesting vessels may not be mixed in any bin used for volumetric 
measurements of catch.
    (iv) The bins must not be filled in a manner that obstructs the 
viewing ports or prevents the observer from seeing the level of fish 
throughout the bin.
    (f) Vessel Monitoring System (VMS) Requirements--(1) What is a VMS? 
A VMS consists of a NMFS-approved VMS transmitter that automatically 
determines the vessels position and transmits it to a NMFS-approved 
communications service provider. The communications service provider 
receives the transmission and relays it to NMFS.
    (2) How are VMS transmitters and communications service providers 
approved by NMFS? (i) NMFS publishes type approval specifications for 
VMS components in the Federal Register.
    (ii) Transmitter manufacturers or communication service providers 
may submit products or services to NMFS for evaluation based on the 
published specifications.
    (iii) NMFS will publish a list of NMFS-approved transmitters and 
communication service providers in the Federal Register. As necessary, 
NMFS will publish amendments to the list of approved components in the 
Federal Register.
    (3) What are the vessel owner's responsibilities? If you are a 
vessel owner that must participate in a VMS, you or your crew must:
    (i) Obtain a NMFS-approved VMS transmitter and have it installed 
onboard your vessel in accordance with the instructions provided by 
NMFS. You may get a copy of the VMS installation and operation 
instructions from the Regional Administrator upon request.
    (ii) Activate the VMS transmitter and receive confirmation from NMFS 
that the VMS transmissions are being received before participating in a 
fishery requiring the VMS.
    (iii) Continue the VMS transmissions until the fishery requiring VMS 
has closed or until notified by NMFS staff that you may stop 
transmissions.
    (iv) Stop fishing immediately if informed by NMFS staff or an 
authorized officer that NMFS is not receiving position reports from the 
VMS transmitter.
    (v) Make the VMS transmitter available for inspection by NMFS 
personnel, observers or an authorized officer.
    (vi) Ensure that the VMS transmitter is not tampered with, disabled, 
destroyed or operated improperly.
    (vii) Pay all charges levied by the communication service provider.
    (viii) (Applicable 1200 hours A.l.t., June 10, 2002, through July 8, 
2002) Reporting and transmission confirmation requirements for vessels 
endorsed under Sec.  679.4(b)(5)(v) and installing a VMS:
    (A) For vessels initially entering a fishery which requires VMS:
    (1) Provide to NMFS Enforcement Division by FAX the VMS 
transmitter(s) ID and the vessel ID on which the VMS(s) are used.
    (2) At least 72 hours before leaving port, activate the VMS 
transmitter and call NMFS Enforcement Division at 907-586-7225 between 
the hours of 0800 hours, A.l.t., and 1630 hours, A.l.t. to receive 
confirmation that the VMS transmissions are being received.
    (B) For all other vessels endorsed under Sec.  679.4(b)(5)(v) and 
installing a VMS:
    (1) If the vessel is switching its VMS transmitters, provide to NMFS 
Enforcement Division by FAX the following information: the VMS 
transmitter ID, and the ID of the vessel on which the VMS will be used.
    (2) Activate the VMS transmitter and call NMFS Enforcement Division 
at 907-586-7225 between the hours of 0800

[[Page 693]]

hours, A.l.t., and 1630 hours, A.l.t. to receive confirmation that the 
VMS transmissions are being received.
    (C) No vessel required to carry a VMS pursuant to Sec.  679.7(a)(18) 
may operate in a BSAI or GOA reporting area until the vessel has 
received confirmation from NMFS that the VMS transmissions are being 
received.
    (ix) (Effective May 1, 2002, through July 8, 2002) Stop fishing 
immediately if informed by an authorized officer that NMFS is not 
receiving position reports from the VMS transmitter.

[63 FR 5843, Feb. 4, 1998, as amended at 63 FR 30401, June 4, 1998; 65 
FR 61982, Nov. 15, 1999; 65 FR 33782, May 25, 2000; 65 FR 61267, Oct. 
17, 2000]

    Effective Date Note: At 67 FR 1004, Jan. 8, 2002, Sec. 679.28 was 
amended by adding paragraph (f)(3)(viii), effective June 10, 2002 
through July 8, 2002. At 67 FR 21605, May 1, 2002, Sec. 679.28 was 
amended by suspending paragraph (f)(3)ii) from June 10 through July 8, 
paragraph (f)(3)(iv) from May 1, 2002, until July 8, 2002, and by adding 
paragraph (f)(3)(ix), effective May 1, 2002, through July 8, 2002 and 
paragraph (f)(3)(viii) was corrected. At 67 FR 34860, May 16, 2002, the 
effective date was extended through Dec. 31, 2002.