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Electronic Code of Federal Regulations

e-CFR data is current as of March 26, 2020

Title 50Chapter VIPart 660Subpart J → §660.602


Title 50: Wildlife and Fisheries
PART 660—FISHERIES OFF WEST COAST STATES
Subpart J—West Coast Groundfish Electronic Monitoring Program


§660.602   Prohibitions.

In addition to the general prohibitions specified in §600.725 of this chapter, it is unlawful for any person to:

(a) Electronic monitoring program. (1) Make a false or inaccurate/incorrect statement on an application for issuance, renewal, or changes to an EM Authorization or NMFS-accepted VMP.

(2) Fish for or land fish from a trip without electronic monitoring or observer coverage when a vessel is required to carry electronic monitoring or an observer under §§660.140(h) or 660.150(j).

(3) Fish for or land fish from a trip taken under electronic monitoring without a valid EM Authorization and NMFS-accepted vessel monitoring plan onboard, and a valid gear and monitoring declaration with NMFS OLE as required by §660.604(c)(1) and §660.604(m).

(4) Fail to comply with the terms of a NMFS-accepted VMP.

(5) Fail to notify the NMFS West Coast Groundfish Observer Program at least 48-hours prior to departing port of the vessel operator's intent to take a trip under EM, as required by §660.604(n).

(6) Fail to conduct a pre-departure test of the EM system prior to departing port as required by §660.604(l)(2).

(7) Fish on an EM trip without a fully functional EM system, unless authorized by a NMFS-accepted VMP as required by §660.604(l)(3).

(8) Fail to make the EM system, associated equipment, logbooks, EM data, and other records available for inspection immediately upon request by NMFS, its agent, or authorized officers, as required by §§660.604(o) and 660.604(t).

(9) Discard species other than those allowed to be discarded as specified at §660.604(p).

(10) Fail to handle fish and other marine organisms in a manner that enables the EM system to record it as required by §660.604(r).

(11) Fail to submit complete and accurate logbook(s) and EM data for each EM trip as specified at §660.604(s),

(12) Tamper with, disconnect, damage, destroy, alter, or in any way distort, render useless, inoperative, ineffective, or inaccurate any component of the EM system or associated equipment.

(13) Assault, resist, oppose, impede, intimidate, harass, sexually harass, bribe, or interfere with an EM service provider, EM field services staff, or EM data processing staff.

(14) Interfere with or bias the sampling procedure employed by EM data processing staff including either mechanically or manually sorting or discarding catch outside of camera view or inconsistent with the NMFS-accepted VMP.

(15) Fail to meet the vessel owner or operator responsibilities specified in §660.604.

(16) Fail to meet the first receiver responsibilities specified at §660.604(u).

(17) Fail to meet the EM service provider responsibilities specified in §660.603.

(18) Fish without an observer when a vessel is required to carry an observer under subpart J of this part if:

(i) The vessel is inadequate for observer deployment as specified at §600.746 of this chapter;

(ii) The vessel does not maintain safe conditions for an observer as specified at §660.604(n);

(iii) NMFS, the observer provider, or the observer determines the vessel is inadequate or unsafe pursuant to vessel responsibilities to maintain safe conditions as specified at §660.604(n);

(19) Fail to meet the vessel responsibilities and observer coverage requirements specified at §660.604(n).

(b) [Reserved]

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