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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules sea/electronic monitoring services described in paragraph b1v of this section must apply to and be approved/
certified by NMFS in a manner consistent with the Administrative Procedure Act. NMFS shall approve/
certify service providers, at-sea monitors, or video reviewers as eligible to provide sector monitoring services specified in this part and can disapprove/decertify service providers, individual at-sea monitors, or video reviewers through notice in writing to individual service providers/monitors/
video reviewers if the following criteria are no longer being met:
i
D A statement, signed under penalty of perjury, from each owner, board member, and officer 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, at-sea monitor, or video reviewer; or as an observer, atsea, or electronic monitoring service provider;
E A description of any prior experience the applicant may have in placing individuals or monitoring equipment in remote field and/or marine work environments including, but not limited to, recruiting, hiring, deployment, equipment installation and maintenance, and personnel administration;
F A description of the applicants ability to carry out the responsibilities and duties of a sector monitoring service provider and the arrangements to be used, including whether the service provider is able to offer at-sea or electronic monitoring services;
G Evidence of adequate insurance copies of which shall be provided to the vessel owner, operator, or vessel manager, when requested to cover injury, liability, and accidental death to cover at-sea monitors including during training and electronic monitoring staff who provide electronic monitoring services to vessels; vessel owner; and service provider. NMFS will determine the adequate level of insurance and notify potential service providers;
H Proof of benefits and personnel services provided in accordance with the terms of each monitors or electronic monitoring staffs contract or employment status;
I Proof that the service providers atsea monitors or video reviewers have passed an adequate training course sponsored by the service providers to the extent not funded by NMFS that is consistent with the curriculum used in the current yearly NEFOP training
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course, unless otherwise specified by NMFS;
J An Emergency Action Plan describing the providers response to an emergency with any at-sea monitor or electronic monitoring staff, including, but not limited to, personal injury, death, harassment, or intimidation; and

ii Service provider performance requirements. At-sea and electronic monitoring service providers must be able to document compliance with the following criteria and requirements:
A
6 For service providers offering catch estimation or at-sea or electronic monitoring services, a service provider must be able to determine an estimate of discards for each trip and provide such information to the sector manager and NMFS, as required by this section.
B The service provider must ensure that at-sea monitors or video reviewers remain available to NMFS, including NMFS Office for Law Enforcement, for debriefing for at least 2 weeks following any monitored trip/offload or electronic monitoring trip report submission.
Electronic monitoring service providers must ensure that electronic monitoring data and reports are retained for a minimum of 12 months after catch data is finalized for the fishing year. NMFS
will notify providers of the catch data finalization date each year. The service provider must provide NMFS access to electronic monitoring data upon request;
C The service provider must report possible at-sea or electronic monitoring staff harassment; discrimination;
concerns about vessel safety or marine casualty; injury; and any information, allegations, or reports regarding at-sea or electronic monitoring staff conflict of interest or breach of the standards of behavior to NMFS and/or the sector manager, as specified by NMFS;
D The service provider must submit to NMFS, if requested, a copy of each signed and valid contract including all attachments, appendices, addendums, and exhibits incorporated into the contract between the service provider and those entities requiring services i.e., sectors and participating vessels and between the service provider and specific dockside, roving, at-sea, or electronic monitoring staff;

G With the exception of a service provider offering reporting, dockside, atsea, or electronic monitoring services to participants of another fishery managed under Federal regulations, a service providers owners, board members, and officers must not have a direct or
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indirect interest in a fishery managed under Federal regulations, including, but not limited to, fishing vessels, dealers, shipping companies, sectors, sector managers, advocacy groups, or research institutions and may not solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan, or anything of monetary value from anyone who conducts fishing or fishingrelated 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 service providers;
H
1 At-sea monitor and other approved monitoring equipment deployment or video review levels, including the number of refusals and reasons for such refusals;

4
iv Standards for individual electronic monitoring video reviewers.
For an individual to be approved/
certified as an electronic monitoring video reviewer, the service provider must demonstrate that each potential reviewer meets the requirements described in paragraphs b4iiiA, B, E, and F of this section.

5
iii
A Vessel requirements 1 Pre-trip notification. In addition to all other reporting/recordkeeping requirements specified in this part, to facilitate the deployment of at-sea monitors and electronic monitoring equipment pursuant to paragraph b1vB1 of this section, the operator of a vessel fishing on a sector trip must provide atsea/electronic monitoring service providers with at least the following information: The vessel name, permit number, trip ID number in the form of the VTR serial number of the first VTR
page for that trip or another trip identifier specified by NMFS, whether a monkfish DAS will be used, and an estimate of the date/time of departure in advance of each trip. The timing of such notice shall be sufficient to allow ample time for the service provider to determine whether an at-sea monitor or electronic monitoring equipment will be deployed on each trip and allow the atsea monitor or electronic monitoring equipment to prepare for the trip and get to port, or to be installed on the vessel, respectively. The details of the timing, method e.g., phone, email, etc., and information needed for such pretrip notifications shall be included as part of a sectors yearly operations plan.
If a vessel has been informed by a
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