[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: 50CFR679.50] [Page 722-738] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--Table of Contents Subpart E--Groundfish Observer Program Sec. 679.50 Groundfish Observer Program applicable through December 31, 2002. Source: 61 FR 56431, Nov. 1, 1996, unless otherwise noted. (a) General. Operators of vessels possessing a Federal fisheries permit under Sec. 679.4(b)(1) and processors that possess a Federal processor permit under Sec. 679.4(f)(1), must comply with this section. The owner of a fishing vessel subject to this part or a processor subject to this part must ensure that the operator or manager complies with this section and is jointly and severally liable for such compliance. Observer coverage for the CDQ fisheries obtained in compliance with paragraphs (c)(4) and (d)(4) of this section may not be used to comply with observer coverage requirements for non-CDQ groundfish fisheries specified in this section. (b) Purpose. The purpose of the Groundfish Observer Program is to allow observers to collect Alaska fisheries data deemed by the Regional Administrator to be necessary and appropriate for management, compliance monitoring, and research of groundfish fisheries and for the conservation of marine resources or their environment. (c) Observer requirements for vessels. (1) Observer coverage is required as follows: (i) A mothership of any length that processes 1,000 mt or more in round-weight equivalent of groundfish during a calendar month is required to have an observer aboard the vessel each day it receives or processes groundfish during that month. (ii) A mothership of any length that processes from 500 mt to 1,000 mt in round-weight equivalent of groundfish during a calendar month is required to have an observer aboard the vessel at least 30 percent of the days it receives or processes groundfish during that month. (iii) Each mothership that receives pollock harvested by catcher vessels in the catcher vessel operational area during the second pollock season that starts on September 1 under Sec. 679.23(e)(2) is required to have a second observer aboard, in addition to the observer required under paragraphs (c)(1) (i) and (ii) of this section, for each day of the second pollock season until the chum salmon savings area is [[Page 723]] closed under Sec. 679.21(e)(7)(vi), or October 15, whichever occurs first. (iv) A catcher/processor or catcher vessel 125 ft (38.1 m) LOA or longer must carry an observer during 100 percent of its fishing days except for a vessel fishing for groundfish with pot gear as provided in paragraph (c)(1)(vii) of this section. (v) A catcher/processor or catcher vessel equal to or greater than 60 ft (18.3 m) LOA, but less than 125 ft (38.1 m) LOA, that participates for more than 3 fishing days in a directed fishery for groundfish in a calendar quarter must carry an observer during at least 30 percent of its fishing days in that calendar quarter and at all times during at least one fishing trip in that calendar quarter for each of the groundfish fishery categories defined under paragraph (c)(2) of this section in which the vessel participates. (vi) A catcher/processor or catcher vessel fishing with hook-and- line gear that is required to carry an observer under paragraph (c)(1)(v) of this section must carry an observer during at least one entire fishing trip using hook-and-line gear in the Eastern GOA regulatory area during each calendar quarter in which the vessel participates in a directed fishery for groundfish in the Eastern Regulatory Area using hook-and-line gear. (vii) A catcher/processor or catcher vessel equal to or greater than 60 ft (18.3 m) LOA fishing with pot gear that participates for more than 3 fishing days in a directed fishery for groundfish in a calendar quarter must carry an observer during at least 30 percent of its fishing days while using pot gear in that calendar quarter and during at least one entire fishing trip using pot gear in a calendar quarter for each of the groundfish fishery categories defined under paragraph (c)(2) of this section in which the vessel participates. (viii) Red King Crab Savings Area. (A) Any catcher/processor or catcher vessel used to fish for groundfish in the Red King Crab Savings area must carry an observer during 100 percent of its fishing days in which the vessel uses pelagic trawl gear, pot, jig, or longline gear. (B) Any catcher/processor or catcher vessel used to fish for groundfish in the Red King Crab Savings Subarea and subject to this subarea being open to vessels fishing for groundfish with non-pelagic trawl gear under Sec. 679.21(e)(3)(ii)(B), must carry an observer during 100 percent of its fishing days in which the vessel uses non-pelagic trawl gear. (ix) Nearshore Bristol Bay Trawl Closure. Any catcher/processor or catcher vessel used to fish for groundfish in the Nearshore Bristol Bay Trawl Closure area must carry an observer during 100 percent of its fishing days in which the vessel uses trawl gear. (x) (Applicable through July 8, 2002) A vessel directed fishing with trawl gear for Atka mackerel in the Aleutian Islands subarea must carry two NMFS-certified observers at all times while directed fishing for Atka mackerel in the harvest limit area for platoon managed Atka mackerel directed fishing, as defined in Sec. 679.2. (2) Groundfish fishery categories requiring separate coverage. Directed fishing for groundfish, during any fishing trip, that results: (i) Pollock fishery. In a retained catch of pollock that is greater than the retained catch of any other groundfish species or species group that is specified as a separate groundfish fishery under this paragraph (c)(2). (ii) Pacific cod fishery. In a retained catch of Pacific cod that is greater than the retained catch of any other groundfish species or species group that is specified as a separate groundfish fishery under this paragraph (c)(2). (iii) Sablefish fishery. In a retained catch of sablefish that is greater than the retained catch of any other groundfish species or species group that is specified as a separate groundfish fishery under this paragraph (c)(2). (iv) Rockfish fishery. In a retained aggregate catch of rockfish that is greater than the retained catch of any other groundfish species or species group that is specified as a separate groundfish fishery under this paragraph (c)(2). (v) Flatfish fishery. In a retained aggregate catch of all flatfish species, except Pacific halibut, that is greater than the retained catch of any other groundfish species or species group that is specified as a separate groundfish fishery under this paragraph (c)(2). [[Page 724]] (vi) Other species fishery. In a retained catch of groundfish that does not qualify as a pollock, Pacific cod, sablefish, rockfish, or flatfish fishery as defined under paragraphs (c)(2) (i) through (v) of this section. (3) Assignment of vessels to fisheries. At the end of any fishing trip, a vessel's retained catch of groundfish species or species groups for which a TAC has been specified under Sec. 679.20, in round-weight equivalent, will determine to which fishery category listed under paragraph (c)(2) of this section the vessel is assigned. (i) Catcher/processors. A catcher/processor will be assigned to a fishery category based on the retained groundfish catch composition reported on the vessel's weekly production report submitted to the Regional Administrator under Sec. 679.5(i). (ii) Catcher vessel delivery in Federal waters. A catcher vessel that delivers to a mothership in Federal waters will be assigned to a fishery category based on the retained groundfish catch composition reported on the weekly production report submitted to the Regional Administrator for that week by the mothership under Sec. 679.5(i). (iii) Catcher vessel delivery in Alaska State waters. A catcher vessel that delivers groundfish to a shoreside processor or stationary floating processor will be assigned to a fishery category based on the retained groundfish catch composition reported on one or more ADF&G fish tickets as required under Alaska Statutes at A.S. 16.05.690. (4) Groundfish and halibut CDQ fisheries. The owner or operator of a vessel groundfish CDQ fishing or halibut CDQ fishing as defined at Sec. 679.2 must comply with the following minimum observer coverage requirements each day that the vessel is used to transport (catcher vessels only), harvest, process, deliver or take delivery of CDQ or PSQ species. The time required for the CDQ observer to complete sampling, data recording, and data communication duties shall not exceed 12 hours in each 24-hour period, and, the CDQ observer is required to sample no more than 9 hours in each 24-hour period. (i) Motherships or catcher/processors using trawl gear. A mothership or catcher/processor using trawl gear must have at least two CDQ observers as described at paragraphs (h)(1)(i)(D) and (E) of this section aboard the vessel, at least one of whom must be certified as a lead CDQ observer. (ii) Catcher/processors using hook-and-line gear. A catcher/ processor using hook-and-line gear must have at least two CDQ observers as described at paragraphs (h)(1)(i)(D) and (E) of this section aboard the vessels, unless NMFS approves a CDP authorizing the vessel to carry only one lead CDQ observer. At least one of the CDQ observers must be certified as a lead CDQ observer. NMFS may approve a CDP authorizing the vessel to carry only one lead CDQ observer if the CDQ group supplies vessel logbook or observer data that demonstrates that one CDQ observer can sample each CDQ set for species composition in one 12-hour shift per fishing day. NMFS will not approve a CDP that would require the observer to divide a 12-hour shift into shifts of less than 6 hours. (iii) Catcher/processors using pot gear. A catcher/processor using pot gear must have at least one lead CDQ observer as described at paragraph (h)(1)(i)(E) of this section aboard the vessel. (iv) Catcher vessel using trawl gear. A catcher vessel equal to or greater than 60 ft (18.3 m) LOA using trawl gear, except a catcher vessel that delivers only unsorted codends to a processor or another vessel, must have at least one CDQ observer as described at paragraph (h)(1)(i)(D) of this section aboard the vessel. (v) Catcher vessel using nontrawl gear. A catcher vessel equal to or greater than 60 ft (18.3 m) LOA using nontrawl gear must meet the following observer coverage requirements: (A) Option 1. If the vessel operator selected Option 1 (as described at Sec. 679.32(c)(2)(ii)(A)) for CDQ catch accounting, then at least one CDQ observer as described at paragraph (h)(1)(i)(D) of this section must be aboard the vessel. (B) Option 2. If the vessel operator selected Option 2 (as described at Sec. 679.32(c)(2)(ii)(B)) for CDQ catch accounting, then at least one lead CDQ observer as described at paragraph [[Page 725]] (h)(1)(i)(E) of this section must be aboard the vessel. (vi) Motherships or catcher/processors using trawl gear (applicable January 15, 2002, through July 8, 2002). (A) A mothership or catcher/ processor vessel using trawl gear to participate in a directed fishery for pollock CDQ must have at least two NMFS-certified observers aboard the vessel, at least one of whom must be certified as a lead CDQ observer as described at paragraph (h)(1)(i)(E) of this section. (B) A mothership or catcher/processor vessel using trawl gear to participate in a directed fishery for other than pollock CDQ must have at least two CDQ observes as described at paragraphs (h)(1)(i)(D) and (E) of this section aboard the vessel, at least one of whom must be certified as a lead CDQ observer. (C) (Effective May 1, 2002, through July 8, 2002) A mothership or catcher/processor vessel engaged in fishing with trawl gear in a directed CDQ fishery for other than pollock CDQ must carry at least two CDQ observers as described at paragraphs (h)(1)(i)(D) and (E) of this section aboard the vessel, at least one of whom must be certified as a lead CDQ observer. (5) [Reserved] (6) AFA catcher/processors and motherships (applicable January 15, 2002, through July 8, 2002). (i) Coverage requirement--(A) Unrestricted AFA catcher/processors and AFA motherships. The owner or operator of an unrestricted AFA catcher/processor or AFA mothership must provide at least two NMFS- certified observers for each day that the vessel is used to harvest, process, or take deliveries of groundfish. More than two observers are required if the observer workload restriction in paragraph (c)(6)(iii) of this section would otherwise preclude sampling. (B) Restricted AFA catcher/processors. The owner or operator of a restricted AFA catcher/processor must provide at least two NMFS- certified observers for each day that the vessel is used to engage in directed fishing for pollock in the BSAI, or take deliveries of pollock harvested in the BSAI. When a restricted AFA catcher/processor is not engaged in directed fishing for BSAI pollock and is not receiving deliveries of pollock harvested in the BSAI, the observer coverage requirements in paragraph (c)(1)(iv) of this section apply. (ii) Certification level. At least one of the observers required under paragraphs (c)(6)(i)(A) and (B) of this section must be certified as a lead CDQ observer as specified in paragraph (h)(1)(i)(E)(1) of this section. (iii) Observer work load. The time required for the observer to complete sampling, data recording, and data communication duties may not exceed 12 consecutive hours in each 24-hour period, and the observer may not sample more than 9 hours in each 24-hour period. (d) Observer requirements for shoreside processors and stationary floating processors. Observer coverage is required as follows. A shoreside processor or stationary floating processor that: (1) Processes 1,000 mt or more in round-weight equivalent of groundfish during a calendar month is required to have an observer present at the facility each day it receives or processes groundfish during that month. (2) Processes 500 mt to 1,000 mt in round-weight equivalent of groundfish during a calendar month is required to have an observer present at the facility at least 30 percent of the days it receives or processes groundfish during that month. (3) Offloads pollock at more than one location on the same dock and has distinct and separate equipment at each location to process those pollock and that receives pollock harvested by catcher vessels in the catcher vessel operational area during the second pollock season that starts on September 1, under Sec. 679.23(e)(2), is required to have an observer, in addition to the observer required under paragraphs (d) (1) and (2) of this section, at each location where pollock is offloaded, for each day of the second pollock season until the chum salmon savings area is closed under Sec. 679.21(e)(7)(vi), or October 15, whichever occurs first. (4) Groundfish and halibut CDQ fisheries--(i) CDQ deliveries requiring observer coverage. Subject to paragraph (d)(4)(ii) of this section, each shoreside [[Page 726]] processor or stationary floating processor taking deliveries of groundfish or halibut CDQ must have at least one CDQ observer as described at paragraph (h)(1)(i)(D) of this section present at all times while CDQ is being received or processed. (ii) CDQ deliveries not requiring CDQ observer coverage. A shoreside processor is not required to provide a CDQ observer for CDQ deliveries from the following vessels: (A) Vessels less than 60 ft (18.3 m) LOA that are halibut CDQ fishing; (B) Vessels equal to or greater than 60 ft (18.3 m) LOA using nontrawl gear that have selected Option 1 (as described at Sec. 679.32(c)(2)(ii)(A)) for CDQ catch accounting, so long as the CDQ observer on the catcher vessel monitors the entire delivery without exceeding the working hour limitations described in paragraph (d)(4)(iii) of this section; and (C) Vessels equal to or greater than 60 ft (18.3 m) LOA using nontrawl gear that have selected Option 2 (as described at Sec. 679.32(c)(2)(ii)(B)) for CDQ catch accounting. (iii) Observer working hours. The time required for the CDQ observer to complete sampling, data recording, and data communication duties may not exceed 12 hours in each 24-hour period, and the CDQ observer is required to sample no more than 9 hours in each 24-hour period. (e) Inseason adjustments in observer coverage requirements. (1) The Regional Administrator may adjust the observer coverage requirements set out under paragraphs (c) and (d) of this section at any time to improve the accuracy, reliability, and availability of observer data, so long as the changes are based on one or more of the following: (i) A finding that fishing methods, times, or areas, or catch or bycatch composition for a specific fishery or fleet component have changed significantly, or are likely to change significantly. (ii) A finding that such modifications are necessary to improve data availability or quality in order to meet specific fishery management objectives. (2) Procedure. Observer coverage requirements may be adjusted in accordance with Sec. 679.25(c). NMFS must publish changes in observer coverage requirements in the Federal Register, with the reasons for the changes and any special instructions to vessels, shoreside processors or stationary floating processors required to carry observers, at least 10 calendar days prior to their effective date. (f) Responsibilities--(1) Vessel responsibilities. An operator of a vessel required to carry one or more observers must: (i) Accommodations and food. Provide, at no cost to observers or the United States, accommodations and food on the vessel for the observer or observers that are equivalent to those provided for officers, engineers, foremen, deck-bosses or other management level personnel of the vessel. (ii) Safe conditions. (A) Maintain safe conditions on the vessel for the protection of observers including adherence to all U.S. Coast Guard and other applicable rules, regulations, or statutes pertaining to safe operation of the vessel. (B) Have on board: (1) A valid Commercial Fishing Vessel Safety Decal issued within the past 2 years that certifies compliance with regulations found in 33 CFR Chapter I and 46 CFR Chapter I; (2) A certificate of compliance issued pursuant to 46 CFR 28.710; or (3) A valid certificate of inspection pursuant to 46 U.S.C. 3311. (iii) Transmission of data. Facilitate transmission of observer data by: (A) Observer use of equipment. Allowing observers 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 observers or the United States. (B) Communication equipment requirements--(1) Hardware and software. Providing for use by the observer a personal computer in working condition that contains a full 486DX 66Mhz or greater capacity processing chip, at least 16 megabytes of RAM, at least 75 megabytes of free hard disk storage, DOS version 6.0 or a successor version of the DOS operating system, Windows 3.1, 3.11, or Windows95 (or equivalent and compatible software approved by NMFS), a mouse, and a 3.5-inch floppy [[Page 727]] disk drive. The computer equipment specified in this paragraph (B) must be connected to either an INMARSAT Standard C unit capable of transmitting binary files or a communication device that provides a point-to-point 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. Those processors that use other than an INMARSAT Standard C unit 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. (2) NMFS-supplied Software. Ensuring that each mothership that is required to have a second observer aboard under paragraph (c)(iii) of this section, obtains the data entry software provided by the Regional Administrator for use by the observer. (C) Functional and operational equipment. Ensuring that the communication equipment that is on motherships as specified at paragraph (f)(1)(iii)(B) of this section, and that is used by observers to enter and transmit data, is fully functional and operational. (iv) Vessel position. Allow observers access to, and the use of, the vessel's navigation equipment and personnel, on request, to determine the vessel's position. (v) Access. Allow observers 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. (vi) Prior notification. Notify observers 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 observers specifically request not to be notified. (vii) Records. Allow observers to inspect and copy the vessel's DFL, DCPL, product transfer forms, any other logbook or document required by regulations, printouts or tallies of scale weights, scale calibration records, bin sensor readouts, and production records. (viii) Assistance. Provide all other reasonable assistance to enable observers to carry out their duties, including, but not limited to: (A) Measuring decks, codends, and holding bins. (B) Providing the observers with a safe work area adjacent to the sample collection site. (C) Collecting bycatch when requested by the observers. (D) Collecting and carrying baskets of fish when requested by observers. (E) Allowing observers to determine the sex of fish when this procedure will not decrease the value of a significant portion of the catch. (ix) Transfer at sea. (A) 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. (B) Notify observers at least 3 hours before observers are transferred, such that the observers can collect personal belongings, equipment, and scientific samples. (C) Provide a safe pilot ladder and conduct the transfer to ensure the safety of observers during transfers. (D) Provide an experienced crew member to assist observers in the small boat or raft in which any transfer is made. (2) Shoreside processor or stationary floating processor responsibilities. A manager of a shoreside processor or stationary floating processor must do the following: (i) Safe conditions. Maintain safe conditions at the shoreside processing facility for the protection of observers by adhering to all applicable rules, regulations, or statutes pertaining to safe operation and maintenance of the processing facility. (ii) Operations information. Notify the observers, as requested, of the planned facility operations and expected receipt of groundfish prior to receipt of those fish. (iii) Transmission of data. Facilitate transmission of observer data by: (A) Observer use of equipment. Allowing observers to use the shoreside processor's or stationary floating processor's communication equipment and personnel, on request, for the entry, [[Page 728]] transmission, and receipt of work-related messages, at no cost to the observers or the United States. (B) Communication equipment requirements--(1) Hardware and software. Making available for use by the observer a personal computer in working condition that contains a full 486DX 66Mhz or greater capacity processing chip, at least 16 megabytes of RAM, at least 75 megabytes of free hard disk storage, DOS version 6.0 or a successor version of the DOS operating system, Windows 3.1, 3.11, or Windows95 (or equivalent and compatible software approved by NMFS), at least a 28.8kbs Hayes- compatible modem, a mouse, and a 3.5-inch floppy disk drive. The computer equipment specified in this paragraph (B) must be connected to a communication device that provides a point-to-point 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. The above-specified hardware and software requirements do not apply to processors that do not process groundfish. (2) NMFS-supplied software. Ensuring that each shoreside processor that is required to have an additional observer under paragraph (d)(3) of this section, obtains the data entry software provided by the Regional Administrator for use by the observer. (C) Functional and operational equipment. Ensuring that the communication equipment that is in the shoreside processor as specified at paragraph (f)(2)(iii)(B) of this section and that is used by observers to transmit data is fully functional and operational. (iv) Access. Allow observers free and unobstructed access to the shoreside processor's or stationary floating processor's holding bins, processing areas, freezer spaces, weight scales, warehouses, and any other space that may be used to hold, process, weigh, or store fish or fish products at any time. (v) Document access. Allow observers to inspect and copy the shoreside processor's or stationary floating processor's DCPL, product transfer forms, any other logbook or document required by regulations; printouts or tallies of scale weights; scale calibration records; bin sensor readouts; and production records. (vi) Assistance. Provide all other reasonable assistance to enable the observer to carry out his or her duties, including, but not limited to: (A) Assisting the observer in moving and weighing totes of fish. (B) Cooperating with product recovery tests. (C) Providing a secure place to store baskets of sampling gear. (g) Procurement of observer services. Owners of vessels, shoreside processors or stationary floating processors required to carry observers under paragraphs (c) and (d) of this section must arrange for observer services from an observer contractor or contractors. A list of observer contractors is available upon request from the Observer Program Office. (h) Certification and decertification of observers--(1) Certification of observers--(i) Requirements. NMFS will certify individuals who: (A) Meet education and/or experience standards available from the Observer Program Office. (B) Have successfully completed a NMFS-approved observer training and/or briefing as prescribed by NMFS and available from the Observer Program Office. (C) Have not been suspended or decertified under paragraph (j) of this section. (D) For purposes of the groundfish CDQ fisheries, a NMFS-certified CDQ observer must meet the following requirements. (1) Be a prior observer in the groundfish fisheries off Alaska who has completed at least 60 days of observer data collection. (2) Receive the rating of 1 for ``meets expectations'' or 2 for ``exceptional'' by NMFS for his or her most recent deployment. (3) Successfully complete a NMFS-approved CDQ observer training and/ or briefing as prescribed by NMFS and available from the Observer Program Office. (4) Comply with all of the other requirements of this section. (E) In addition to the requirements in paragraph (h)(1)(i)(D) of this section, [[Page 729]] to be certified as a ``lead CDQ observer'', an observer must meet the following requirements. (1) A ``lead CDQ observer'' on a catcher/processor using trawl gear or a mothership must have completed two observer cruises (contracts) and sampled at least 100 hauls on a catcher/processor using trawl gear or a mothership. (2) A ``lead CDQ observer'' on a catcher vessel using trawl gear must have completed two observer cruises (contracts) and sampled at least 50 hauls on a catcher vessel using trawl gear. (3) A ``lead CDQ observer'' on a vessel using nontrawl gear must have completed two observer cruises (contracts) of at least 10 days each and sampled at least 60 sets on a vessel using nontrawl gear. (ii) Term. An observer's certification expires upon completion of a deployment. Observers can be decertified or suspended by NMFS under paragraph (j) of this section. (2) Standards of observer conduct--(i) Conflict of interest. (A) Observers: (1) May not have a direct financial interest, other than the provision of observer services, in a North Pacific fishery, including, but not limited to, vessels or shoreside facilities involved in the catching or processing of the products of the fishery, concerns selling supplies or services to these vessels or shoreside facilities, or concerns purchasing raw or processed products from these vessels or shoreside facilities. (2) May not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone who conducts activities that are regulated by NMFS, or who 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 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 in a North Pacific fishery while under contract with an observer contractor. (B) Provisions for remuneration of observers under this section do not constitute a conflict of interest under this paragraph (h)(2). (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 diligently perform their assigned duties. (B) Observers must accurately record their sampling data, write complete reports, and report honestly any suspected violations of regulations relevant to conservation of marine resources or their environment that are observed. (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) Engaging in excessive drinking of alcoholic beverages; (2) Engaging in the use or distribution of illegal drugs; or (3) Becoming physically or emotionally involved with vessel or processing facility personnel. (i) Certification and decertification of observer contractors--(1) Certification of observer contractors--(i) Application. An applicant seeking to become an observer contractor must submit an application to the Regional Administrator describing the applicant's ability to carry out the responsibilities and duties of an observer contractor as set out in paragraph (i)(2) of this section and the arrangements to be used. Observer contractors certified for the year 2000 to provide observers through the North Pacific Groundfish Observer Program, are exempt from this requirement to submit an application and are certified for the term specified in paragraph (i)(1)(iii) of this section. [[Page 730]] (ii) Selection. The Regional Administrator may select one or more observer contractors based on the information submitted by applicants under paragraph (i)(1)(i) of this section and on other selection criteria that are available from the Observer Program Office. (iii) Term. Observer contractors will be certified through December 31, 2002. NMFS can decertify or suspend observer contractors pursuant to paragraph (j) of this section. (2) Responsibilities and duties of observer contractors include but are not limited to the following: (i) Recruiting, evaluating, and hiring qualified candidates to serve as observers, including minorities and women. (ii) Ensuring that only observers provide observer services. (iii) Providing observers as requested by vessels and processors to fulfill requirements under paragraphs (c) and (d) of this section. (iv) Providing observers' salary, benefits and personnel services in a timely manner. (v) Providing all logistics to place and maintain the observers aboard the fishing vessels or at the site of the processing facility. This includes all travel arrangements, lodging and per diem, and any other services required to place observers aboard vessels or at processing facilities. Unless alternative arrangements are approved by the Observer Program Office: (A) Observers must not be deployed on the same vessel or at the same shoreside processor or stationary floating processor for more than 90 days in a 12-month period. (B) A deployment cannot exceed 90 days. (C) A deployment cannot include assignments to more than four vessels, shoreside processors and/or stationary floating processors. (vi) Supplying alternate observers or prospective observers if one or more observers or prospective observers are not approved by NMFS, fail to successfully complete observer training or briefing, are injured and must be replaced, or resign prior to completion of duties. (vii) Maintaining communications with observers at sea and shoreside facilities. Each observer contractor must have an employee responsible for observer activities on call 24 hours a day to handle emergencies involving observers, or problems concerning observer logistics, whenever observers are at sea, stationed at shoreside facilities, in transit, or in port awaiting boarding. (viii) In cooperation with vessel or processing facility owners, ensuring that all observers' in-season catch messages and other required transmissions between observers and NMFS are delivered to NMFS within a time specified by the Regional Administrator. (ix) Ensuring that observers complete mid-deployment data reviews when required. (x) Ensuring that observers complete debriefing as soon as possible after the completion of their deployment and at locations specified by the Regional Administrator. (xi) Ensuring all data, reports, and biological samples from observer deployments are complete and submitted to NMFS at the time of the debriefing interview. (xii) Ensuring that all sampling and safety gear are returned to the Observer Program Office and that any gear and equipment lost or damaged by observers is replaced according to NMFS requirements. (xiii) Monitoring observers' performance to ensure satisfactory execution of duties by observers and observer conformance with NMFS' standards of observer conduct under paragraph (h)(2) of this section. (xiv) Providing the following information to the Observer Program Office by electronic transmission (e-mail), fax, or other method specified by NMFS. (A) Observer training registration consisting of a list of individuals to be hired upon approval by NMFS and a copy of each person's academic transcripts, resume, and application for observer employment. The list must include the person's name and sex. The person's social security number is requested. Observer briefing registration consisting of a list of the observer's name, requested briefing class date, and briefing location. If the Observer Program Office has excused an observer from attending a briefing, the briefing [[Page 731]] registration must also include the names of observers excused from briefing, the date the observer was excused, and the name of the NMFS staff person granting the excuse. This information must be submitted to the Observer Program Office at least 5 working days prior to the beginning of a scheduled observer certification training or briefing session. (B) Projected observer assignments that include the observer's name; vessel, shoreside processor, or stationary floating processor assignment, type, and code; port of embarkation; target species; and area of fishing. This information must be submitted to the Observer Program Office prior to the completion of the training or briefing session. (C) Observer deployment/logistics reports that include the observer's name, cruise number, current vessel, shoreside processor, or stationary floating processor assignment and code, embarkation date, and estimated and actual disembarkation dates. This information must be submitted weekly as directed by the Observer Program Office. (D) Observer debriefing registration that includes the observer's name, cruise number, vessel, shoreside processor, or stationary floating processor name(s), and requested debriefing date. (E) Copies of ``certificates of insurance'' that name the NMFS Observer Program Task Leader as a ``certificate holder''. The certificates of insurance shall verify the following coverage provisions and state that the insurance company will notify the certificate holder if insurance coverage is changed or cancelled: (1) Maritime Liability to cover ``seamen's'' claims under the Merchant Marine Act (Jones Act) and General Maritime Law ($1 million minimum). (2) Coverage under the U.S. Longshore and Harbor Workers' Compensation Act ($1 million minimum). (3) States Workers' Compensation as required. (4) Commercial General Liability. (F) Notification that, based upon a physical examination during the 12 months prior to an observer's deployment, an examining physician has certified that an observer does not have any health problems or conditions that would jeopardize the observer's safety or the safety of others while deployed, or prevent the observer from performing his or her duties satisfactorily, and that prior to examination, the certifying physician was made aware of the dangerous, remote and rigorous nature of the work. This information, including the date of the physical examination, must be submitted prior to the completion of the training or briefing session. (G) A completed and unaltered copy of each type of signed and valid contract (including all attachments, appendices, addendums, and exhibits incorporated into the contract) an observer contractor has with those entities requiring observer services under paragraphs (c) and (d) of this section and with observers. Completed and unaltered copies of signed and valid contracts with specific entities requiring observer services or with specific observers must be submitted to the Observer Program Office upon request. Types of signed and valid contracts include the contracts an observer contractor has with: (1) Vessels required to have observer coverage as specified at paragraphs (c)(1)(i) and (iv) of this section, (2) Vessels required to have observer coverage as specified at paragraphs (c)(1)(ii), (v), and (vii) of this section, (3) Shoreside processors or stationary floating processors required to have observer coverage as specified at paragraph (d)(1)(i) of this section, (4) Shoreside processors or stationary floating processors required to have observer coverage as specified at paragraph (d)(1)(ii) of this section, (5) Observers (to include contracts for the various compensation or salary levels of observers, the levels being based on observer experience). (6) Required copies of contracts must be submitted by mail or faxed to: NMFS Observer Program Office, 7600 Sandpoint Way Northeast, Seattle, WA 98115-0070; fax number 206-526-4066. (H) Reports of observer harassment, concerns about vessel or processor safety, or observer performance problems must be submitted within 24 hours after the observer contractor becomes aware of the problem. [[Page 732]] (3) Conflict of interest. Observer contractors: (i) Must not have a direct financial interest, other than the provision of observer services, in a North Pacific fishery, including, but not limited to, vessels or shoreside facilities involved in the catching or processing of the products of the fishery, concerns selling supplies or services to these vessels or shoreside facilities, or concerns purchasing raw or processed products from these vessels or shoreside facilities. (ii) Must assign observers without regard to any preference by representatives of vessels and shoreside facilities based on observer race, gender, age, religion, or sexual orientation. (iii) Must not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone who conducts activities that are regulated by NMFS, or who has interests that may be substantially affected by the performance or nonperformance of the official duties of observer contractors. (j) Suspension and Decertification Process--(1) Applicability. This paragraph (j) sets forth the procedures for suspension and decertification of observers and observer contractors under this section. (2) Policy. (i) NMFS must certify responsible and qualified observers and observer contractors only. Suspension and decertification are discretionary actions that, taken in accordance with this section, are appropriate means to effectuate this policy. (ii) The serious nature of suspension and decertification requires that these actions be taken only in the public interest for the promotion of fishery conservation and management and not for purposes of punishment. NMFS may impose suspension or decertification only for the causes and in accordance with the procedures set forth in this section. (iii) In addition to suspension and decertification, observers and observer contractors who violate provisions of this part may be subject to penalties, fines, and other sanctions as authorized by law. (3) Public availability of suspension or decertification records. Public availability of suspension or decertification records will depend upon the provisions of the Freedom of Information Act and other applicable law. (4) Effect and timing of suspension or decertification. (i) Observers or observer contractors decertified or suspended must not provide services prescribed by this section to vessels, shoreside processors, and stationary floating processors. (ii) Suspension and decertification actions may be combined and imposed simultaneously. (iii) Suspension or decertification of observer contractors includes all divisions or other organizational elements of observer contractors, unless the suspension or decertification decision is limited by its terms to specific divisions or organizational elements. The suspending or decertifying official may, at his or her sole discretion, include any affiliates of observer contractors if they are specifically named and given written notice of the suspension or proposed decertification and an opportunity to respond under paragraph (j)(5)(iii)(B) or (j)(6)(iii)(C) of this section. (5) Suspension--(i) General. (A) The suspending official may, in the public interest, suspend observers or observer contractors for any of the causes in paragraph (j)(5)(ii) of this section, using the procedures in paragraph (j)(5)(iii) of this section. (B) Suspension may be imposed on the basis of adequate evidence, pending the completion of investigation or legal proceedings, when NMFS determines that immediate action is necessary. In assessing the adequacy of the evidence, the suspending official should consider how much information is available, how credible it is given the circumstances, whether or not important allegations are corroborated, and what inferences can reasonably be drawn as a result. (ii) Causes for suspension. The suspending official may suspend observers or observer contractors: (A) Upon a determination, based upon adequate evidence, that observers or observer contractors committed any acts or omissions constituting a cause for decertification under paragraph (j)(6)(ii) of this section; or [[Page 733]] (B) Upon indictment for any of the causes for decertification in (j)(6)(ii)(A)(1) or (j)(6)(ii)(B)(1) of this section. (iii) Procedures--(A) Review. The suspending official must review all available evidence and must promptly determine whether or not to proceed with suspension. The suspending official may refer the matter to the NMFS investigator for further investigation, or to the decertifying officer. (B) Notice of suspension. When observers or observer contractors and any specifically named affiliates are suspended, they must be immediately advised personally or by certified mail, return receipt requested, at the last known residence or place of business: (1) That they have been suspended and that the suspension is based on an indictment or other adequate evidence that observers or observer contractors have committed acts or omissions constituting grounds for suspension under (j)(5)(ii) of this section. Such acts or omissions may be described in terms sufficient to place observers or observer contractors on notice without disclosing NMFS' evidence. (2) That the suspension is for a temporary period pending the completion of an investigation and such decertification proceedings as may ensue. (3) Of the cause(s) relied upon under paragraph (j)(5)(ii) of this section for imposing suspension. (4) Of the effect of the suspension. (5) That, within 30 days after receipt of the notice, the observers or observer contractors may submit, in writing, documentary evidence and argument in opposition to the suspension, including any additional specific documentary evidence that raises a genuine dispute over the material facts. (6) That additional proceedings to determine disputed material facts may be conducted unless: (i) The action is based on an indictment; or (ii) A determination is made, on the basis of NOAA General Counsel advice, that the substantial interests of the government in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced. (C) Dispute. For suspensions not based on an indictment, if NMFS determines that the observers' or observer contractors' submission in opposition raises a genuine dispute over facts material to the suspension and if no determination has been made, on the basis of NOAA General Counsel advice, that substantial interests of the government in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced, the suspending official: (1) Must afford observers or observer contractors an opportunity to submit additional documentary evidence upon a showing that such documentary evidence was unavailable during the 30-day period following receipt of the notice of suspension. (2) May, at his or her sole discretion, afford observers or observer contractors an opportunity to appear in person, present witnesses, and confront any person NMFS presents. The suspending official must make an audio tape of the proceedings and make a copy available at cost to observers or observer contractors upon request, unless observers or observer contractors and NMFS, by mutual agreement, waive the requirement for an audio tape. (D) Suspending official's decision. (1) The suspending official's decision must be based on all the information in the administrative record, including any submission made by observers or observer contractors on action based on an indictment: (i) In which observers or observer contractors' submissions do not raise a genuine dispute over material facts; or (ii) In which additional proceedings to determine disputed material facts have been denied on the basis of NOAA General Counsel advice. (2) In actions in which additional proceedings are necessary as to disputed material facts, written findings of fact must be prepared. The suspending official must base the decision on the facts as found, together with any information and argument submitted by observers or observer contractors and any other information in the administrative record. (3) The suspending official may refer matters involving disputed material [[Page 734]] facts to another official for findings of fact. The suspending official may reject any such findings, in whole or in part. (4) The suspending official's decision must be made after the conclusion of the proceedings with respect to disputed facts. (5) Prompt written notice of the suspending official's decision to affirm, modify, or terminate the notice of suspension issued under this paragraph (j)(5) must be served on observers or observer contractors and any affiliates involved, personally or by certified mail, return receipt requested, at the last known residence or place of business. (E) Period of suspension. (1) Suspension is for a temporary period pending the completion of any investigation and any ensuing legal proceedings or decertification proceedings, including any administrative review under paragraph (j)(7) of this section, unless sooner terminated by the suspending official or as provided under this paragraph (j). If suspension is in effect, the decertifying official will expedite any related decertification proceedings. (2) If legal proceedings or decertification proceedings are not initiated within 12 months after the date of the suspension notice, the suspension must be terminated. (F) Scope of suspension for observer contractors. The scope of suspension must be the same as that for decertification under paragraph (j)(6)(v), except that the procedures set out under paragraph (j)(5) must be used in imposing suspension. (6) Decertification--(i) General. The decertifying official may, in the public interest, decertify observers or observer contractors for any of the causes in paragraph (j)(6)(ii) of this section using the procedures in paragraph (j)(6)(iii) of this section. The existence of a cause for decertification does not necessarily require that observers or observer contractors be decertified; the seriousness of the acts or omissions and any mitigating factors should be considered in making any decertification decision. The existence or nonexistence of any mitigating factors is not necessarily determinative of an observers' or observer contractors' present fitness. Accordingly, if a cause for decertification exists, observers or observer contractors have the burden of demonstrating, to the satisfaction of the decertifying official, present fitness and that decertification is not necessary. (ii) Causes for decertification--(A) Observers. (1) The decertifying official may decertify observers for a conviction of or civil judgment for the following: (i) Commission of fraud or other violation in connection with obtaining or attempting to obtain certification, or in performing the duties of observers as prescribed by NMFS; (ii) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or (iii) Commission of any other offense indicating a lack of integrity or honesty that seriously and directly affects the present fitness of observers. (2) The decertifying official may decertify observers, based upon a preponderance of the evidence, upon a determination that observers have: (i) Failed to satisfactorily perform the duties of observers as prescribed by NMFS; or (ii) Failed to abide by the standards of conduct for observers as prescribed under paragraph (h)(2) of this section. (B) Observer contractors. (1) The decertifying official may decertify observer contractors for a conviction of or civil judgment for the following: (i) Commission of fraud or other violation in connection with obtaining or attempting to obtain certification, or in performing the responsibilities and duties of observer contractors as prescribed under paragraph (i)(2) of this section; (ii) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or (iii) Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present fitness of observer contractors. (2) The decertifying official may decertify observer contractors, based [[Page 735]] upon a preponderance of the evidence, upon a determination that observer contractors have: (i) Failed to satisfactorily perform the responsibilities and duties of observer contractors as prescribed under paragraph (i)(2) of this section; or (ii) A conflict of interest as set out under paragraph (i)(3) of this section. (iii) Procedures--(A) Investigation and referral. NMFS personnel must promptly report to the NMFS investigator matters appropriate for further investigation. The NMFS investigator must investigate matters so referred and submit the investigative material to the decertifying official or, if appropriate, to the suspending official. (B) Review. The decertifying official must review all available evidence and must promptly determine whether or not to proceed with decertification. The decertifying official may refer the matter to the NMFS investigator for further investigation or, if appropriate, to the suspending official. (C) Notice of proposed decertification. If the decertifying official determines to proceed with decertification, he or she must serve a notice of proposed decertification upon observers or observer contractors and any specifically named affiliates, personally or by certified mail, return receipt requested, at the last known residence or place of business, advising: (1) That decertification is being considered. (2) Of the reasons for the proposed decertification in terms sufficient to put observers or observer contractors on notice of the conduct or transaction(s) upon which it is based. (3) Of the cause(s) relied upon under paragraph (j)(6)(ii) of this section for proposing decertification. (4) That, within 30 days after receipt of the notice, observers or observer contractors may submit, in writing, documentary evidence and argument in opposition to the proposed decertification, including any additional specific documentary evidence that raises a genuine dispute over the material facts. (5) Of NMFS' procedures governing decertification decision making. (6) Of the effect of the issuance of the notice of proposed decertification. (7) Of the potential effect of an actual decertification. (D) Dispute. In actions not based upon a conviction or civil judgment, if it is found that observers' or observer contractors' submissions raise a genuine dispute over facts material to the proposed decertification, the decertifying official: (1) Must afford observers or observer contractors an opportunity to submit additional documentary evidence upon a showing that such documentary evidence was unavailable during the 30-day period following receipt of the notice of proposed decertification. (2) May, at his or her sole discretion, afford observers or observer contractors an opportunity to appear in person, present witnesses, and confront any person NMFS presents. The decertifying official must make an audio tape of the proceedings and make a copy available at cost to observers or observer contractors upon request, unless observers or observer contractors and NMFS, by mutual agreement, waive the requirement for an audio tape. (E) Decertifying official's decision. (1) In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the decertifying official must make a decision on the basis of all the information in the administrative record, including any submission made by observers or observer contractors. The decision must be made after receipt of any timely information and argument submitted by observers or observer contractors. (2) In actions in which additional proceedings are necessary as to disputed material facts, written findings of fact must be prepared. The decertifying official must base the decision on the facts as found, together with any information and argument submitted by observers or observer contractors and any other information in the administrative record. (3) The decertifying official may refer matters involving disputed material facts to another official for findings of fact. The decertifying official may reject any such findings, in whole or in part. [[Page 736]] (4) The decertifying official's decision must be made after the conclusion of the proceedings with respect to disputed facts. (5) In any action in which the proposed decertification is not based upon a conviction or civil judgment, the cause for decertification may be established by a preponderance of the evidence. (F) Notice of decertifying official's decision. (1) If the decertifying official decides to impose decertification, observers or observer contractors and any affiliates involved must be given prompt notice personally or by certified mail, return receipt requested, at the last known residence or place of business. Such notice must: (i) Refer to the notice of proposed decertification. (ii) Specify the reasons for decertification. (iii) Advise that the decertification is effective immediately, unless the decertifying official determines that there is a compelling reason for maintaining certification for a specified period under conditions and restrictions necessary and appropriate to protect the public interest or promote fishery conservation and management and states the reasons in the notice. (2) If decertification is not imposed, the decertifying official must promptly notify observers or observer contractors and any affiliates involved, by certified mail, return receipt requested, at the last known residence or place of business. (iv) Period of decertification. (A) Decertification must be in force indefinitely or until rescinded. (B) The decertifying official may rescind decertification, upon observers' or observer contractors' request, supported by documentation, for reasons such as: (1) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the decertification was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the decertification was imposed; or (5) Other reasons the decertifying official deems appropriate. (v) Scope of decertification. (A) The improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with observer contractors may be imputed to the observer contractors when the conduct occurred in connection with the performance of duties for or on behalf of observer contractors, or with observer contractors' knowledge, approval, or acquiescence. Observer contractors' acceptance of the benefits derived from the conduct must be evidence of such knowledge, approval, or acquiescence. (B) The improper conduct of observer contractors may be imputed to any officer, director, shareholder, partner, employee, or other individual associated with observer contractors who participated in, knew of, or had reason to know of the observer contractors' conduct. (7) Administrative review of suspension or decertification. (i) Observers or observer contractors may petition for review of a suspension decision issued under paragraph (j)(5)(iii) of this section or a decertification decision issued under paragraph (j)(6)(iii) of this section within 30 days after the date the decision was served. The petition must be addressed to the appeals officer identified in the notice of suspension or decertification. Any petitioned suspension will remain in effect pending the appeals officer's written decision to affirm, modify or terminate the suspension. (ii) Administrative review is discretionary. Petitions for discretionary review may be filed only upon one or more of the following grounds: (A) A finding of material fact is clearly erroneous based upon the administrative record; (B) A substantial and important question of policy or discretion is involved; or (C) A prejudicial error has occurred. (iii) If the appeals officer declines review based on the written petition, observers or observer contractors must be immediately advised of the decision to decline review personally or by certified mail, return receipt requested, at [[Page 737]] the last known residence or place of business. (iv) If the appeals officer grants review based on the written petition, he or she may request further written explanation from observers, observer contractors, or the decertifying officer or suspending officer. The appeals officer will then render a written decision to affirm, modify, or terminate the suspension or decertification or return the matter to the suspending or decertifying official for further findings. The appeals officer must base the decision on the administrative records compiled under paragraphs (j)(5) or (j)(6) of this section, as appropriate. The appeals officer will serve the decision on observers or observer contractors and any affiliates involved, personally or by certified mail, return receipt requested, at the last known residence or place of business. (v) An appeals officer's decision imposing suspension, or decertification or an unpetitioned suspending, or decertifying official's decision is the final administrative decision of the U.S. Department of Commerce. (k) Release of observer data to the public--(1) Summary of weekly data. The following information collected by observers for each catcher processor and catcher vessel during any weekly reporting period may be made available to the public: (i) Vessel name and Federal permit number. (ii) Number of chinook salmon and ``other salmon'' observed. (iii) The ratio of total round weight of halibut or Pacific herring to the total round weight of groundfish in sampled catch. (iv) The ratio of number of king crab or C. bairdi Tanner crab to the total round weight of groundfish in sampled hauls. (v) The number of observed trawl hauls or fixed gear sets. (vi) The number of trawl hauls that were basket sampled. (vii) The total weight of basket samples taken from sampled trawl hauls. (2) Haul-specific data. (i) The information listed in paragraphs (k)(2)(i) (A) through (M) of this section and collected by observers from observed hauls on board vessels using trawl gear to participate in a directed fishery for groundfish other than rockfish, Greenland turbot, or Atka mackerel may be made available to the public: (A) Date. (B) Time of day gear is deployed. (C) Latitude and longitude at beginning of haul. (D) Bottom depth. (E) Fishing depth of trawl. (F) The ratio of the number of chinook salmon to the total round weight of groundfish. (G) The ratio of the number of other salmon to the total round weight of groundfish. (H) The ratio of total round weight of halibut to the total round weight of groundfish. (I) The ratio of total round weight of herring to the total round weight of groundfish. (J) The ratio of the number of king crab to the total round weight of groundfish. (K) The ratio of the number of C. bairdi Tanner crab to the total round weight of groundfish. (L) Sea surface temperature (where available). (M) Sea temperature at fishing depth of trawl (where available). (ii) The identity of the vessels from which the data in paragraph (k)(2)(i) of this section are collected will not be released. (3) Competitive harm. In exceptional circumstances, the owners and operators of vessels may provide to the Regional Administrator written justification at the time observer data are submitted, or within a reasonable time thereafter, that disclosure of the information listed in paragraphs (k) (1) and (2) of this section could reasonably be expected to cause substantial competitive harm. The determination whether to disclose the information will be made pursuant to 15 CFR 4.7. [61 FR 56431, Nov. 1, 1996, as amended at 61 FR 63761, Dec. 2, 1996; 61 FR 65989, Dec. 16, 1996; 62 FR 60182, Nov. 7, 1997; 62 FR 63891, Dec. 3, 1997; 62 FR 67760, Dec. 30, 1997; 63 FR 11168, Mar. 6, 1998; 63 FR 30409, June 4, 1998; 63 FR 69025, Dec. 15, 1998; 64 FR 20215, Apr. 26, 1999; 65 FR 69485, Nov. 17, 2000; 65 FR 80383, Dec. 21, 2000; 67 FR 4148, Jan. 28, 2002] Effective Date Notes: 1. At 67 FR 1005, Jan. 8, 2002, Sec. 679.50, paragraph (c)(4)(i) was suspended from Jan. 1, 2002 until July 8, 2002, [[Page 738]] and paragraphs (c)(4)(vi) and (c)(6) were added effective Jan. 15, 2002, through July 8, 2002. At 67 FR 34860, May 16, 2002, the effective date was extended through Dec. 31, 2002. 2. At 67 FR 21605, May 1, 2002, Sec. 679.50 was amended by suspending paragraph (c)(4)(vi)(B) from May 1, 2002, until July 8, 2002, and by adding paragraph (c)(4)(vi)(C), effective May 1, 2002, through July 8, 2002. At 67 FR 34860, May 16, 2002, the effective date was extended through Dec. 31, 2002. Subpart F [Reserved]