Section 5.39.141. 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.  

Authorities

16.05.251

Notes

Reference

5 AAC 38.076
5 AAC 38.145
5 AAC 39.144
5 AAC 39.163
5 AAC 39.210

Authority

AS 16.05.251 Editor's note: 5 AAC 39.645 ("Shellfish Onboard Observer Program") took effect 7/12/86.

History

Eff. 7/14/85, Register 95; am 9/19/90, Register 115; am 6/24/93, Register 126; am 12/26/97, Register 144; am 8/14/2005, Register 175

References

5.39.645