marine board report - Off Soundings

space due to excess water. The Marine Board received testimony from several witnesses
stating on several occasions the processing water was either left on, or the pumps in the
processing space were plugged with debris, allowing the processing space to flood with
processing water. This testimony raises the concern that the interlock system aboard the
ARCTIC ROSE was either non-existent or non-functional.
b. Federal Communications Commission. There are few FCC regulations that apply to
commercial fishing vessels. A majority of the regulations contained in 47 CFR 80.405
require a radio operator to hold a license and the radio station to be licensed.
Vessels must comply with the regulations found in 33 CFR Part 26, which require all self
propelled vessels over 20 meters (65.6 feet) in length to have a radiotelephone capable of
operation from the navigation bridge, and capable of transmitting and receiving on the
frequencies within the 156-162 MHz band using the classes of emissions designated by the
FCC for the exchange of navigational information. Furthermore, the regulations found in 46
CFR Part 28.245 provide equipment and installation requirements.
c. National Marine Fisheries Service. NMFS is charged with the preservation of the biomass.
50 CFR 679.50 requires a NMFS observer aboard fishing vessels to monitor and analyze
biomass caught by fishing vessels. The regulations delineate when a fishing vessel must
carry an observer. The observers sample and log all species caught. Fishing vessels required
to have observer coverage under 50 CFR 679.50(f)(1)(ii)(B) must have either a valid CG or
recognized third party issued CFVSE decal, or a COC issued by a certified third
party/organization. If a NMFS observer boards a vessel and it does not have a valid decal
onboard, the observer must depart the vessel until it is in full compliance with the safety
regulations and possesses a valid decal.
d. Occupational Safety and Health Administration. The OSHA standards for work place safety
that are applicable to uninspected commercial fishing vessels are found in Title 29 CFR Parts
1910, 1915 and 1918. OSHA regulations apply to uninspected commercial fishing vessels
when the vessel carries ten or more persons.
e. Applicability to the ARCTIC ROSE. The following regulations found in 46 CFR Part 28
applied: Subparts: A – General Provisions, B – Requirements for all vessels; and C –
Requirements for documented vessels that operate beyond the boundary lines or with more
than sixteen individuals on board, or for fish tender vessel engaged in the Aleutian Trade.
The ARCTIC ROSE was required to meet the requirements found in 47 CFR Part 80.405 and
33 CFR Part 26 for its communications equipment.
The ARCTIC ROSE was required to carry a part time NMFS observer and was required to
have a valid CFVSE decal or equivalent prior to an observer boarding the vessel by 50 CFR
Part 679.50.
The ARCTIC ROSE routinely carried a crew complement of more than ten persons;
therefore, OSHA regulations found in 29 CFR Parts 1910, 1915 and 1918 applied, but only
when the vessel was operating within the territorial seas.
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