5 AAC 39.141 - Onboard observer program
(a) The Board of
Fisheries finds that, in particular fisheries, observers on board fishing
vessels would greatly enhance management, primarily by facilitating information
gathering, and by improving regulatory compliance. Onboard observers may be the
only practical fishery monitoring, data-gathering, or enforcement mechanism in
some Alaska fisheries where a large component of vessels, such as
catcher-processors and floating processors, rarely or never enter Alaskan
ports. The Board of Fisheries, therefore, finds it necessary to authorize the
Alaska Department of Fish and Game to implement onboard observer programs in
particular fisheries when the board determines that it
(1) is the only practical data-gathering or
enforcement mechanism;
(2) will not
unduly disrupt the fishery; and
(3)
can be conducted at a reasonable cost.
(b) Every onboard observer shall have free
and unobstructed access to inspect the catch, equipment, gear, or operations of
the fishing vessel or the tender to which the observer is assigned, and to
board vessels delivering to the vessel to which the observer is assigned and
inspect the catches of vessels delivering to the vessel to which the observer
is assigned while the vessel to which the observer is assigned is
(1) within waters under the jurisdiction of
the state;
(2) taking or intending
to take any species of fish; or
(3)
transporting or processing any species of fish.
(c) Onboard observers must be as unintrusive
to vessel operations as practicable and must make the scope of their activities
as predictable as possible in the performance of their assigned observer
duties.
(d) Onboard observers are
not required to obtain criminal or administrative search warrants to conduct
their duties.
(e) Onboard observers
shall carry out such scientific and other duties as deemed necessary or
appropriate to manage, protect, maintain, improve, and extend the fish and
aquatic plant resources of the state.
(f) Onboard observers shall have access to
all vessel location information at any time, including free and unobstructed
access to vessel coordinates and depths for all sampled pots.
(g) Every independent contracting agent, and
their office personnel and business agents while employed by the independent
contracting agent and for six months after terminating that employment, may not
work as an onboard observer.
Notes
5 AAC 39.645 ("Shellfish Onboard Observer Program") took effect 7/12/86.
Authority:AS 16.05.251
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.