50 Cfr 660.219

§ 660.219

50 CFR Ch. VI (10–1–23 Edition)

owner stating that a determination has
been made to temporarily waive coverage requirements because of circumstances that are deemed to be beyond the vessel’s control.
(e) Vessel responsibilities—(1) Accommodations and food. An operator of a
vessel required to carry one or more
observer(s) must provide accommodations and food that are Equivalent to
those provided to the crew.
(2) Safe conditions. Maintain safe conditions on the vessel for the protection
of observer(s) including adherence to
all USCG and other applicable rules,
regulations, or statutes pertaining to
safe operation of the vessel, and provisions at §§ 600.725 and 600.746 of this
chapter. Have on board a valid Commercial Fishing Vessel Safety Decal
that certifies compliance with regulations found in 33 CFR chapter I and 46
CFR chapter I, a certificate of compliance issued pursuant to 46 CFR 28.710
or a valid certificate of inspection pursuant to 46 U.S.C. 3311.
(3) Observer communications. Facilitate observer communications by:
(i) Observer use of equipment. Allowing
observer(s) 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 observer(s), the observer provider or NMFS.
(ii) Functional equipment. Ensuring
that the vessel’s communications
equipment, used by observers to enter
and transmit data, is fully functional
and operational.
(4) Vessel position. Allow observer(s)
access to, and the use of, the vessel’s
navigation equipment and personnel,
on request, to determine the vessel’s
position.
(5) Access. Allow observer(s) 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.
(6) Prior notification. Notify observer(s) 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 ob-

server specifically requests not to be
notified.
(7) Records. Allow observer(s) to inspect and copy any state or Federal
logbook maintained voluntarily or as
required by regulation.
(8) Assistance. Provide all other reasonable assistance to enable observer(s) to carry out their duties, including, but not limited to:
(i) Measuring decks, codends, and
holding bins.
(ii) Providing the observer(s) with a
safe work area.
(iii) Collecting bycatch when requested by the observer(s).
(iv) Collecting and carrying baskets
of fish when requested by the observer(s).
(v) Allowing the observer(s) to collect biological data and samples.
(vi) Providing adequate space for
storage of biological samples.
(f) Observer sampling station. This
paragraph contains the requirements
for observer sampling stations. The
vessel owner must provide an observer
sampling station that complies with
this section so that the observer can
carry out required duties.
(1) Accessibility. The observer sampling station must be available to the
observer at all times.
(2) Location. The observer sampling
station must be located within four
meters of the location from which the
observer samples unsorted catch. Unobstructed passage must be provided between the observer sampling station
and the location where the observer
collects sample catch.
[75 FR 60897, Oct. 1, 2010, as amended at 77 FR
55158, Sept. 7, 2012; 78 FR 68773, Nov. 15, 2013;
80 FR 22301, Apr. 21, 2015]

§ 660.219 Fixed gear identification and
marking.
(a) Gear identification. (1) Limited
entry fixed gear (longline, trap or pot)
must be marked at the surface and at
each terminal end, with a pole, flag,
light, radar reflector, and a buoy.
(2) A buoy used to mark fixed gear
must be marked with a number clearly
identifying the owner or operator of
the vessel. The number may be either:
(i) If required by applicable state law,
the vessel’s number, the commercial

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Fishery Conservation and Management
fishing license number, or buoy brand
number; or
(ii) The vessel documentation number issued by the USCG, or, for an undocumented vessel, the vessel registration number issued by the state.
(b) [Reserved]
§ 660.220 Fixed gear fishery—crossover
provisions.
The crossover provisions listed at
§ 660.60(h)(7), apply to vessels fishing in
the limited entry fixed gear fishery.
[76 FR 74746, Dec. 1, 2011]

§ 660.230 Fixed gear fishery—management measures.
(a) General. Most species taken in
limited entry fixed gear (longline and
pot/trap) fisheries will be managed
with cumulative trip limits (see trip
limits in Tables 2 (North) and 2 (South)
of this subpart), size limits (see
§ 660.60(h)(5)), seasons (see trip limits in
Tables 2 (North) and 2 (South) of this
subpart and sablefish primary season
details in § 660.231), gear restrictions
(see paragraph (b) of this section), and
closed areas (see paragraph (d) of this
section and §§ 660.70 through 660.79).
Cowcod retention is prohibited in all
fisheries, and groundfish vessels operating south of Point Conception must
adhere to CCA restrictions (see paragraph (d)(10) of this section and
§ 660.70). Yelloweye rockfish retention
is prohibited in the limited entry fixed
gear fisheries. Regulations governing
and tier limits for the limited entry,
fixed gear sablefish primary season
north of 36° N lat. are found in § 660.231.
Vessels not participating in the sablefish primary season are subject to daily
or weekly sablefish limits in addition
to cumulative limits for each cumulative limit period. Only one sablefish
landing per week may be made in excess of the daily trip limit and, if the
vessel chooses to make a landing in excess of that daily trip limit, then that
is the only sablefish landing permitted
for that week. The trip limit for black
rockfish caught with hook-and-line
gear also applies, see § 660.230(e). The
trip limits in Table 2 (North) and Table
2 (South) of this subpart apply to vessels participating in the limited entry
groundfish fixed gear fishery and may
not be exceeded. Federal commercial

§ 660.230
groundfish regulations are not intended to supersede any more restrictive state commercial groundfish regulations relating to federally-managed
groundfish.
(b) Gear restrictions—(1) Longline and
pot or trap gear are authorized in the
limited entry fixed gear fishery, providing the gear is in compliance with
the restrictions set forth in this section, and gear marking requirements
described in § 660.219 of this subpart.
(2) Vessels participating in the limited entry fixed gear fishery may also
fish with open access gear subject to
the gear restrictions at § 660.330(b), subpart F, but will be subject to the most
restrictive trip limits for the gear used
as specified at § 660.60(h)(7), subpart C.
(3)
Limited
entry
fixed
gear
(longline, trap or pot gear) must be attended at least once every 7 days.
(4) Traps or pots must have biodegradable escape panels constructed
with 21 or smaller untreated cotton
twine in such a manner that an opening at least 8 inches (20.3 cm) in diameter results when the twine deteriorates.
(5) Vessels fishing with bottom
longline and snap gears as defined at
§ 660.11 are subject to the requirements
of the Seabird Avoidance Program described in § 660.21.
(c) Sorting Requirements. (1) In addition to the requirements at § 660.12(a)(8)
the States of Washington, Oregon, and
California may also require that vessels record their landings as sorted on
their state landing receipts.
(2) For limited entry fixed gear vessels, the following species must be sorted:
(i) Coastwide—arrowtooth flounder,
big skate, black rockfish, blue/deacon
rockfish,
canary
rockfish,
darkblotched rockfish, Dover sole,
English sole, lingcod, longnose skate,
longspine thornyhead, petrale sole,
minor nearshore rockfish, minor shelf
rockfish, minor slope rockfish, other
fish, other flatfish, Pacific cod, Pacific
whiting, rougheye/blackspotted rockfish, sablefish, shortbelly rockfish,
shortraker
rockfish,
shortspine
thornyhead, spiny dogfish, starry
flounder,
widow
rockfish,
and
yelloweye rockfish;

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