Service provider material submissions

This document contains portions of Amendment 13 to the Atlantic Sea Scallop
Final Rule that relate to the Observer Program. The full rule is available at:
http://www.nero.noaa.gov/nero/regs/frdoc/07/07scalamend13fr.pdf
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 070322065–7114–02; I.D.
030607C]
RIN 0648–AV39
Fisheries of the Northeastern UnitedStates; Atlantic Sea Scallop Fishery;
Amendment 13
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric
Administration (NOAA), Commerce.
ACTION: Final rule.
SUMMARY: This final rule implements Amendment 13 to the Atlantic Sea Scallop Fishery
Management Plan (Scallop FMP). Amendment 13 was developed by the New England Fishery
Management Council (Council) to permanently re-activate the industry funded observer program
in the Scallop FMP through a scallop total allowable catch (TAC) and days-at-sea (DAS)
setaside program that helps vessel owners defray the cost of carrying observers.
The following observer program management measures are implemented by this rule:
Requirements for becoming an approved observer service provider; observer certification and
decertification criteria; and notification requirements for vessel owners and/or operators. This
action also requires scallop vessel owners, operators, or vessel managers to procure certified
fishery observers for specified scallop fishing trips from an approved observer service provider.
Additionally, this action allows adjustments to the observer program to be done through
framework action.
DATES: Effective June 12, 2007.
This final rule maintains collection of information requirements subject to the PRA, previously
approved under control number 0648–0546 in conjunction with the emergency action.
These requirements apply to entities interested in becoming NMFS-approved observer service
providers and to those observer service providers approved by NMFS and providing observer
services to the scallop fishery. Public reporting burden for these collections of information are
estimated to average as follows:
1. Application for approval of observer service provider—10 hr per response;
2. Applicant response to denial of application for approval of observer service provider—10 hr
per response;
3. Observer service provider request for observer training—30 min per response;
4. Observer deployment report—10 min per response;
5. Observer availability report—10 min per response;
6. Safety refusal report—30 min per response;
7. Submission of raw observer data—5 min per response;
8. Observer debriefing—2 hr per response;
9. Biological samples—5 min per response;
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10. Rebuttal of pending removal from list of approved observer service providers—8 hr per
response;
11. Vessel request to observer service provider for procurement of a certified observer—25 min
per response; and
12. Vessel request for waiver of observer coverage requirement—5 min per response.
These estimates include the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection
information. Send comments regarding this burden estimate, or any other aspect of this data
collection, including suggestions for reducing the burden, to NMFS (see ADDRESSES) and by
e-mail to David_Rostker@omb.eop.gov, or fax to (202) 395–7285.
Notwithstanding any other provision of the law, no person is required to respond to, and no
person shall be subject to penalty for failure to comply with, a collection of information subject
to the requirements of the PRA, unless that collection of information displays a currently valid
OMB Control Number.

§ 648.11 At-sea sampler/observer coverage.
(a) The Regional Administrator may request any vessel holding a permit for Atlantic sea
scallops, NE multispecies, monkfish, skates, Atlantic mackerel, squid, butterfish, scup, black sea
bass, bluefish, spiny dogfish, Atlantic herring, tilefish, or Atlantic deep-sea red crab; or a
moratorium permit for summer flounder; to carry an NMFS-certified fisheries observer. A vessel
holding a permit for Atlantic sea scallops is subject to the additional requirements specified in
paragraph (g) of this section.
(1) For the purpose of deploying at sea observers, sea scallop vessel owners are required to
notify NMFS of scallop trips as specified in paragraph (g) of this section. Unless otherwise
notified by the Regional Administrator, owners of scallop vessels shall be responsible for
paying the cost of the observer for all scallop fishing trips on which an observer is carried
onboard the vessel, regardless of whether the vessel lands or sells sea scallops on that trip, and
regardless of the availability of set-aside for an increased possession limit, or reduced accrual
rate of DAS.
(2) [Reserved]
*****
(g) Atlantic sea scallop observer program
(1) General. Unless otherwise specified, owners, operators, and/or managers of vessels issued a
Federal scallop permit under § 648.4(a)(2), and specified in paragraph (b) of this section, must
comply with this section and are jointly and severally responsible for their vessel’s compliance
with this section. To facilitate the deployment of at-sea observers, all sea scallop vessels issued
limited access permits fishing in open areas or Sea Scallop Access Areas, and general category
vessels fishing under the Sea Scallop Access Area program specified in § 648.60, are required to
comply with the additional notification requirements specified in paragraph (g)(2) of this section.
All sea scallop vessels issued a VMS general category or Non-VMS general scallop permit that
are participating in the Area Access Program specified in § 648.60 are required to comply with
the additional VMS notification requirements specified in paragraph (g)(2) of this section. When
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NMFS notifies the vessel owner, operator, and/or manager of any requirement to carry an
observer on a specified trip in either an Access Area or Open Area as specified in paragraph
(g)(3) of this section, the vessel may not fish for, take, retain, possess, or land any scallops
without carrying an observer. Vessels may only embark on a scallop trip in open areas or Access
Areas without an observer if the vessel owner, operator, and/or manager has been notified that
the vessel has received a waiver of the observer requirement for that trip pursuant to paragraphs
(g)(3) and (g)(4)(ii) of this section.
(2) Vessel notification procedures.
For the purpose of determining if an observer will be deployed on a vessel for a specific trip, the
owner, operator, or manager of a vessel issued a limited access permit fishing in open areas or in
the Sea Scallop Access Area program specified in § 648.60, or the owner, operator, or manager
of a vessel issued a general category scallop permit and fishing in the Sea Scallop Access Area
program specified in § 648.60, is required to comply with the following notification requirement.
For each scallop trip, the vessel owner, operator, and/or manager shall notify NMFS by
telephone, using the phone number provided by the Regional Administrator in the Small Entity
Compliance Guide, and provide the following information: Vessel name and permit number;
contact name and number; date and time of departure; port of departure; area to be fished (either
open areas or the specific Sea Scallop Access Area); and whether fishing as a scallop dredge,
scallop trawl, or general category vessel.
(3) Selection of scallop fishing trips for observer coverage.
Based on predetermined coverage levels for various sectors of the scallop fishery that are
provided by NMFS in writing to all observer service providers approved pursuant to paragraph
(h) of this section, NMFS shall notify the vessel owner, operator, or vessel manager whether the
vessel must carry an observer, or if a waiver has been granted, for the specified trip within 24 hr
of the vessel owner’s, operator’s, or vessel manager’s notification of the prospective trip, as
specified in paragraph (g)(2) of this section. Any request to carry an observer may be waived by
NMFS. All waivers for observer coverage shall be issued to the vessel by VMS so as to have onboard verification of the waiver.
(4) Procurement of observer services by scallop vessels.
(i) An owner of a scallop vessel required to carry an observer under paragraph (g)(3) of this
section must arrange for carrying an observer certified through the observer training class
operated by the Northeast Fisheries Observer Program (hereinafter NMFS/NEFOP certified)
from an observer service provider approved by NMFS under paragraph (h) of this section. A list
of approved observer service providers shall be posted on the NOAA/NEFOP Web site at
http://www.nefsc.noaa.gov/femad/fsb/. The owner, operator, or vessel manager of a vessel
selected to carry an observer must contact the observer service provider and must provide at least
72-hr notice in advance of the fishing trip for the provider to arrange for observer deployment for
the specified trip.
(ii) An owner, operator, or vessel manager of a vessel that cannot procure a certified observer
within 72 hr of the advance notification to the provider due to the unavailability of an observer,
may request a waiver from NMFS from the requirement for observer coverage for that trip, but
only if the owner, operator, or vessel manager has contacted all of the available observer service

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providers to secure observer coverage and no observer is available. NMFS shall issue such a
waiver within 24 hr, if the conditions of this paragraph (g)(4)(ii) are met.
(5) Owners of scallop vessels shall be responsible for paying the cost of the observer for all
scallop fishing trips on which an observer is carried onboard the vessel, regardless of whether the
vessel lands or sells sea scallops on that trip, and regardless of the availability of set-aside for an
increased possession limit or reduced DAS accrual rate. The owners, operators, and/or managers
of vessels that carry an observer may be compensated with a reduced DAS accrual rate for open
area trips or additional scallop catch per day in access areas in order to help defray the cost of the
observer, under the program specified in §§ 648.53 and 648.60. Observer service providers are
responsible for setting the daily rate for observer coverage on a vessel. NMFS shall determine
any reduced DAS accrual rate and the amount of additional pounds of scallops per day fished in
an access area for the applicable fishing year based on the economic conditions of the scallop
fishery, as determined by best available information. Vessel owners and observer service
providers shall be notified by Small Entity Compliance Guide of any DAS accrual rate and
additional pounds of scallops determined by the Regional Administrator. The Regional
Administrator may adjust the DAS accrual rate and additional pounds of scallops, if necessary,
based on economic conditions of the scallop fishery. Vessel owners and observer providers shall
be notified of any such adjustments through a letter.
(6) When the available DAS or TAC set-aside for observer coverage is exhausted, vessels shall
still be required to carry an observer as specified in this section, and shall be responsible for
paying for the cost of the observer, but shall not be authorized to harvest additional pounds or
fish at a reduced DAS accrual rate.
(h) Observer service provider approval and responsibilities
(1) General. An entity seeking to provide observer services to the Atlantic sea scallop fishery
must apply for and obtain approval from NMFS following submission of a complete application
to The Observer Program Branch Chief, 25 Bernard St Jean Drive, East Falmouth, MA 02536. A
list of approved observer service providers shall be distributed to scallop vessel owners and shall
be posted on NMFS’s Web page, as specified in paragraph (g)(4) of this section.
(2) [Reserved]
(3) Contents of application. An application to become an approved observer service provider
shall contain the following:
(i) Identification of the management, organizational structure, and ownership structure of the
applicant’s business, including identification by name and general function of all controlling
management interests in the company, including but not limited to owners, board members,
officers, authorized agents, and staff. If the applicant is a corporation, the articles of
incorporation must be provided. If the applicant is a partnership, the partnership agreement
must be provided.
(ii) The permanent mailing address, phone and fax numbers where the owner(s) can be contacted
for official correspondence, and the current physical location, business mailing address, business
telephone and fax numbers, and business e-mail address for each office.
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(iii) A statement, signed under penalty of perjury, from each owner or owners, board members,
and officers, if a corporation, that they are free from a conflict of interest as described under
paragraph (h)(6) of this section.
(iv) A statement, signed under penalty of perjury, from each owner or owners, board members,
and officers, if a corporation, describing any criminal convictions, Federal contracts they have
had, and the performance rating they received on the contract, and previous decertification action
while working as an observer or observer service provider.
(v) A description of any prior experience the applicant may have in placing individuals in remote
field and/ or marine work environments. This includes, but is not limited to, recruiting, hiring,
deployment, and personnel administration.
(vi) A description of the applicant’s ability to carry out the responsibilities and duties of a scallop
fishery observer services provider as set out under paragraph (h)(5) of this section, and the
arrangements to be used.
(vii) Evidence of holding adequate insurance to cover injury, liability, and accidental death for
observers during their period of employment (including during training). Worker’s
Compensation and Maritime Employer’s Liability insurance must be provided to cover the
observer, vessel owner, and observer provider. The minimum coverage required is $5 million.
Observer service providers shall provide copies of the insurance policies to observers to display
to the vessel owner, operator, or vessel manager, when requested.
(viii) Proof that its observers, either contracted or employed by the service provider, are
compensated with salaries that meet or exceed the Department of Labor (DOL) guidelines for
observers. Observers shall be compensated as Fair Labor Standards Act (FLSA) nonexempt
employees. Observer providers shall provide any other benefits and personnel services in
accordance with the terms of each observer’s contract or employment status.
(ix) The names of its fully equipped, NMFS/NEFOP certified observers (with resumes) on staff
or a list of its training candidates (with resumes) and a request for a NMFS/NEFOP Sea Scallop
Observer Training class. The NEFOP training has a minimum class size of eight individuals;
which may be split among multiple vendors requesting training. Requests for training classes
with fewer than eight individuals will not be processed until further requests make up the full
training class size.
(x) An Emergency Action Plan (EAP) describing its response to an ‘‘at sea’’ emergency with an
observer, including, but not limited to, personal injury, death, harassment, or intimidation.
(4) Application evaluation.
(i) NMFS shall review and evaluate each application submitted under paragraphs
(h)(2) and (h)(3) of this section. Issuance of approval as an observer provider shall be based on
completeness of the application, and a determination by NMFS of the applicant’s ability to
perform the duties and responsibilities of a sea scallop fishery observer service provider as
demonstrated in the application information. A decision to approve or deny an application shall
be made by NMFS within 15 days of receipt of the application by NMFS.
(ii) If NMFS approves the application, the observer service provider’s name will be added to the
list of approved observer service providers found on NMFS’s Web site specified in paragraph
(g)(4) of this section and in any outreach information to the industry. Approved observer service
providers shall be notified in writing and provided with any information pertinent to their
participation in the sea scallop fishery observer program.
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(iii) An application shall be denied if NMFS determines that the information provided in the
application is not complete or NMFS concludes that the applicant does not have the ability to
perform the duties and responsibilities of a sea scallop fishery observer service provider. NMFS
shall notify the applicant in writing of any deficiencies in the application or information
submitted in support of the application. An applicant who receives a denial of his or her
application may present additional information, in writing, to rectify the deficiencies specified in
the written denial, provided such information is submitted to NMFS within 30 days of the
applicant’s receipt of the denial notification from NMFS. In the absence of additional
information, and after 30 days from an applicant’s receipt of a denial, an observer provider
is required to resubmit an application containing all of the information required under the
application process specified in paragraph (h)(3) of this section to be re-considered for being
added to the list as an approved observer service provider.
(5) Responsibilities of observer service providers.
(i) An observer service provider must provide observers certified by NMFS/NEFOP pursuant to
paragraph (i) of this section for deployment in the sea scallop fishery when contacted and
contracted by the owner, operator, or vessel manager of a vessel fishing in the scallop fishery,
unless the observer service provider does not have an available observer within 72 hr of
receiving a request for an observer from a vessel owner, operator, and/or manager, or refuses to
deploy an observer on a requesting vessel for any of the reasons specified at paragraph
(h)(5)(viii) of this section. An approved observer service provider must maintain in its employ a
minimum of eight NMFS/NEFOP certified observers in order to remain approved. Should a
service provider’s employed NMFS/NEFOP certified observers drop below eight, the provider
must supply the appropriate number of candidates to the next available training class. Failure
to do so shall be cause for suspension of the provider’s approved status, until rectified.
(ii) An observer service provider must provide to each of its observers:
(A) All necessary transportation, including arrangements and logistics, of observers to the initial
location of deployment, to all subsequent vessel assignments, and to any debriefing locations, if
necessary;
(B) Lodging, per diem, and any other services necessary for observers assigned to a scallop
vessel or to attend a NMFS/NEFOP Sea Scallop Observer Training class;
(C) The required observer equipment, in accordance with equipment requirements listed on
NMFS’s Web site specified in paragraph (g)(4) of this section under the Sea Scallop Program,
prior to any deployment and/or prior to NMFS observer certification training; and
(D) Individually assigned communication equipment, in working order, such as a cell phone or
pager, for all necessary communication. An observer service provider may alternatively
compensate observers for the use of the observer’s personal cell phone or pager for
communications made in support of, or necessary for, the observer’s duties.
(iii) Observer deployment logistics.
Each approved observer service provider must assign an available certified observer to a vessel
upon request. Each approved observer service provider must provide for access by industry 24 hr
per day, 7 days per week, to enable an owner, operator, or manager of a vessel to secure observer
coverage when requested. The telephone system must be monitored a minimum of four times
daily to ensure rapid response to industry requests. Observer service providers approved
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under paragraph (h) of this section are required to report observer deployments to NMFS daily
for the purpose of determining whether the predetermined coverage levels are being achieved in
the scallop fishery.
(iv) Observer deployment limitations.
Unless alternative arrangements are approved by NMFS, an observer provider must not deploy
any observer on the same vessel for two or more consecutive deployments, and not more
than twice in any given month. A certified observer’s first deployment and the resulting data
shall be immediately edited, and approved, by NMFS prior to any further deployments of that
observer.
(v) Communications with observers.
An observer service provider must have an employee responsible for observer activities on call
24 hr a day to handle emergencies involving observers or problems concerning observer
logistics, whenever observers are at sea, stationed shoreside, in transit, or in port awaiting vessel
assignment.
(vi) Observer training requirements.
The following information must be submitted to NMFS to request a certified observer training
class at least 30 days prior to the beginning of the proposed training class: Date of requested
training; a list of observer candidates, with a minimum of eight individuals; observer candidate
resumes; and a statement signed by the candidate, under penalty of perjury, that discloses
the candidate’s criminal convictions, if any. All observer trainees must complete a basic
cardiopulmonary resuscitation/first aid course prior to the beginning of a NMFS/NEFOP Sea
Scallop Observer Training class. NMFS may reject a candidate for training if the candidate does
not meet the minimum qualification requirements as outlined by NMFS National Minimum
Eligibility Standards for observers as described in paragraph (i)(1) of this section.
(vii) Reports—(A) Observer deployment reports.
The observer service provider must report to NMFS/NEFOP when, where, to whom, and to what
fishery (open or closed area) an observer has been deployed, within 24hr of the observer’s
departure. The observer service provider must ensure that the observer reports back to NMFS
its Observer Contract (OBSCON) data, as described in the certified observer training, within 12
hr of landing. OBSCON data are to be submitted electronically or by other means as specified by
NMFS. The observer service provider shall provide the raw (unedited) data collected by the
observer to NMFS within 72 hr of the trip landing.
(B) Safety refusals. The observer service provider must report to NMFS any trip for which the
deployment of an observer has been refused due to safety issues, e.g., failure to hold a valid
USCG Commercial Fishing Vessel Safety Examination Decal, or failure to meet the safety
requirements of the observer’s pre-trip vessel safety checklist, within 24 hr of the refusal.
(C) Biological samples. The observer service provider must ensure that biological samples,
including whole marine mammals, sea turtles, and sea birds, are stored/handled properly and
transported to NMFS within 7 days of landing.
(D) Observer debriefing. The observer service provider must ensure that theobserver remains
available to NMFS, either in-person or via phone, at NMFS’s discretion, including NMFS
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Office for Law Enforcement, for debriefing for at least 2 weeks following any observed trip. An
observer that is at sea during the 2-week period must contact NMFS upon his or her return, if
requested to do so by NMFS.
(E) Observer availability report. The observer service provider must report to NMFS any
occurrence of inability to respond to an industry request for observer coverage due to the lack of
available observers on staff by 5:00 p.m., Eastern Standard Time, of any day on which the
provider is unable to respond to an industry request for observer coverage.
(F) Other reports. The observer provider must report possible observer harassment,
discrimination, concerns about vessel safety or marine casualty, or observer illness or injury; and
any information, allegations, or reports regarding observer conflict of interest or breach of the
standards of behavior, to NMFS/NEFOP within 24 hr of the event or within 24 hr of learning of
the event.
(viii) Refusal to deploy an observer.
(A) An observer service provider may refuse to deploy an observer on a requesting scallop vessel
if the observer service provider does not have an available observer within 72 hr of receiving a
request for an observer from a vessel.
(B) An observer service provider may refuse to deploy an observer on a requesting scallop vessel
if the observer service provider has determined that the requesting vessel is inadequate or unsafe
pursuant to the reasons described at § 600.746.
(C) The observer service provider may refuse to deploy an observer on a scallop vessel that is
otherwise eligible to carry an observer for any other reason, including failure to pay for previous
observer deployments, provided the observer service provider has received prior written
confirmation from NMFS authorizing such refusal.
(6) Limitations on conflict of interest. An observer service provider:
(i) Must not have a direct or indirect interest in a fishery managed under Federal regulations,
including, but not limited to, a fishing vessel, fish dealer, fishery advocacy group, and/or fishery
research;
(ii) Must assign observers without regard to any preference by representatives of vessels, other
than when an observer will be deployed; and
(iii) Must not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan,
or anything of monetary value from anyone who conducts fishing or fishing related 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 providers.
(7) Removal of observer service provider from the list of approved observer service providers.
An observer provider that fails to meet the requirements, conditions, and responsibilities
specified in paragraphs (h)(5) and (h)(6) of this section shall be notified by NMFS, in writing,
that it is subject to removal from the list of approved observer service providers. Such
notification shall specify the reasons for the pending removal. An observer service provider that
has received notification that it is subject to removal from the list of approved observer service
providers may submit written information to rebut the reasons for removal from the list. Such
rebuttal must be submitted within 30 days of notification received by the observer service
provider that the observer service provider is subject to removal and must be accompanied by
writtenevidence rebutting the basis for removal. NMFS shall review information
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rebutting the pending removal and shall notify the observer service provider within 15 days of
receipt of the rebuttal whether or not the removal is warranted. If no response to a pending
removal is received by NMFS within 30 days of the notification of removal, the observer service
provider shall be automatically removed from the list of approved observer service providers.
The decision to remove the observer service provider from the list, either after reviewing a
rebuttal, or automatically if no timely rebuttal is submitted, shall be the final decision of the
Department of Commerce. Removal from the list of approved observer service providers may
not prevent such observer service provider from obtaining an approval in the future if a new
application is submitted that demonstrates that the reasons for removal are remedied. Certified
observers under contract with an observer service provider that has been removed from the list of
approved service providers must complete their assigned duties for any scallop trips on which the
observers are deployed at the time the observer service provider is removed from the list of
approved observer service providers. An observer service provider removed from the list of
approved observer service providers is responsible for providing NMFS with the information
required in paragraph (h)(5)(vii) of this section following completion of the trip. NMFS may
consider, but is not limited to, the following in determining if an observer service provider may
remain on the list of approved observer service providers:
(i) Failure to meet the requirements, conditions, and responsibilities of observer service providers
specified in paragraphs (h)(5) and (h)(6) of this section;
(ii) Evidence of conflict of interest as defined under paragraph (h)(6) of this section;
(iii) Evidence of criminal convictions related to:
(A) Embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements or receiving stolen property; or
(B) The commission of any other crimes of dishonesty, as defined by state law or Federal law,
that would seriously and directly affect the fitness of an applicant in providing observer services
under this section;
(iv) Unsatisfactory performance ratings on any Federal contracts held by the applicant; and
(v) Evidence of any history of decertification as either an observer or observer provider.
(i) Observer certification.
(1) To be certified, employees or sub-contractors operating as observers for observer service
providers approved under paragraph (h) of this section must meet NMFS National Minimum
Eligibility Standards for observers. NMFS National Minimum Eligibility Standards are available
at the National Observer Program Web site: http://www.st.nmfs.gov/st4/nop/.
(2) Observer training. In order to be deployed on any scallop vessel, a candidate observer must
have passed a NMFS/NEFOP Sea Scallop Fisheries Observer Training course. If a candidate
fails training, the candidate shall be notified in writing on or before the last day of training. The
notification will indicate the reasons the candidate failed the training. A candidate that fails
training shall not be able to enroll in a subsequent class. Observer training shall include an
observer training trip, as part of the observer’s training, aboard a scallop vessel with a trainer. A
certified observer’s first deployment and the resulting data shall be immediately edited, and
approved, by NMFS prior to any further deployments of that observer.
(3) Observer requirements. All observers must:
(i) Have a valid NMFS/NEFOPfisheries observer certification pursuantto paragraph (i)(1) of this
section;

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(ii) Be physically and mentally capable of carrying out the responsibilities of an observer on
board scallop vessels, pursuant to standards established by NMFS. Such standards are available
from NMFS Web site specified in paragraph (g)(4) of this section and shall be provided to each
approved observer service provider;
(iii) Have successfully completed all NMFS-required training and briefings for observers before
deployment, pursuant to paragraph (i)(2) of this section; and
(iv) Hold a current Red Cross (or equivalent) cardiopulmonary resuscitation/first aid
certification.
(4) Probation and decertification.
NMFS has the authority to review observer certifications and issue observer certification
probation and/or decertification as described in NMFS policy found on the Web site at:
http://www.nefsc.noaa.gov/femad/fsb/.
(5) Issuance of decertification.
Upon determination that decertification is warranted under paragraphs (i)(1) through (3) of this
section, NMFS shall issue a written decision to the observer containing the decertification and to
the approved observer service provider via certified mail at their most current address provided
to NMFS. The decision shall identify whether a certification is revoked and shall identify the
specific reasons for the action taken. Decertification is effective immediately as of the date of
issuance, unless the decertification official notes a compelling reason for maintaining
certification for a specified period and under specified conditions. Decertification is the final
decision of the Department of Commerce. . In § 648.14, paragraph (h)(17) is revised and (i)(15)
is added to read as follows:
§ 648.14 Prohibitions.
*****
(h) * * *
(17) Fail to comply with the notification requirements specified in § 648.11(g)(2) or refuse or fail
to carry an observer after being requested to carry an observer by the Regional Administrator or
Regional Administrator’s designee.
*****
(i) * * *
(15) Fail to comply with the notification requirements specified in § 648.11(g)(2) or refuse or fail
to carry an observer after being requested to carry an observer by the Regional Administrator or
Regional Administrator’s designee.
*****

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