Attachment 1 - PWS Marine Mammal Bycatch Fishery Liaison.pdf

Performance Work Statement (PWS) National Oceanic and Atmospheric Administration (NOAA)

National Marine Fisheries Service (NMFS) Southeast Regional Office, Protected Resources Division

Marine Mammal Bycatch Fishery Liaison Requisition Number : 143030-24-0025

BAS AAP: 42095

1.0 GENERAL

1.1 BACKGROUND

Section 118 of the Marine Mammal Protection Act (MMPA) requires NMFS to develop and implement Take Reduction Plans (Plans) to assist in the recovery or prevent the depletion of strategic marine mammal stocks that interact with Category I and II fisheries. Each Plan must achieve short- and long-term goals as established in the MMPA.

NMFS convenes Take Reduction Teams (Teams) to develop Plans to meet these short- and long-term goals. Teams consist of a balance of representatives from the fishing industry, fishery management councils, state and Federal resource management agencies, the scientific community, and conservation organizations. The Teams develop, via consensus, recommendations for a draft Plan that NMFS considers for implementation.

Within the Southeast Region, there are currently three established Teams, with resulting Plans that will be directly related to the Contractor’s responsibilities:

1. The Bottlenose Dolphin Take Reduction Team (BDTRT) and Plan (BDTRP) was formed to reduce incidental deaths and serious injuries of coastal bottlenose dolphins in specific Category I and II commercial fisheries from New York through Florida’s east coast. More information on the BDTRP is available on NOAA’s website.

2. The Pelagic Longline Take Reduction Team (PLTRT) and Plan (PLTRP) was formed to reduce incidental deaths and serious injuries of short- and long-finned pilot whales in the mid-Atlantic region of the Atlantic pelagic longline fishery. More information on the PLTRP is available on NOAA’s website.

3. The Atlantic Large Whale Take Reduction Team (ALWTRT) and Plan (ALWTRP) was formed to reduce the incidental deaths and serious injuries of right, humpback, fin, and minke whales in the east coast gillnet and trap pot fisheries. More information on the ALWTRP is available on NOAA’s website.

Communication and collaboration with commercial fishermen who must comply with Plan regulations and/or participate in Team meetings is crucial for successful implementation of the Plan and Plan efficacy. Providing this necessary Plan and Team information to fishermen helps ensure compliance with existing or new regulatory requirements from Plans, thereby, facilitating effectiveness at meeting mandated goals. Equally as important is consistent and timely flow of high quality, credible information from the fishing community (e.g. commercial https://www.fisheries.noaa.gov/national/marine-mammal-protection/bottlenose-dolphin-take-reduction-plan https://www.fisheries.noaa.gov/national/marine-mammal-protection/bottlenose-dolphin-take-reduction-plan https://www.fisheries.noaa.gov/national/marine-mammal-protection/pelagic-longline-take-reduction-plan https://www.fisheries.noaa.gov/national/marine-mammal-protection/pelagic-longline-take-reduction-plan https://www.greateratlantic.fisheries.noaa.gov/protected/whaletrp/ https://www.greateratlantic.fisheries.noaa.gov/protected/whaletrp/ fishing operations and gear practices) to NMFS to make informed decisions. Therefore, the NMFS SERO intends to contract for marine mammal bycatch fishery liaison services in the southeast region to ensure there is a constant and consistent, neutral communication source between the NMFS and both individual commercial fishermen and industry groups affected by the Plans.

1.2 SCOPE

The Contractor shall be responsible for: (1) facilitating two-way communication with both individual commercial fishermen and industry groups affected by the Plans (Section 1.1); and

(2) contributing to the effectiveness of the Plans. The Contractor shall serve as a liaison between the NMFS SERO, Protected Resources Division, and the commercial fishermen/fishing industry groups affected by the Plans (Section 1.1) within the Mid-Atlantic (e.g. Virginia, Maryland, New Jersey, Delaware, New York) and southeast (North Carolina through Florida) and other areas outside the southeast and affected by the Plans as needed.

1.3 OBJECTIVE

The objective for this requirement is to ensure consistent and constant communication between the NMFS SERO and the fishing industry relative to the importance of their role in successful implementation of the Plans’ (Section 1.1) requirements. The Contractor’s duties will entail: (1) facilitating two-way communication with both individual commercial fishermen and industry groups affected by the Plans (Section 1.1); and (2) contributing to the effectiveness of the Plans.

2.0 TASKS

The Contractor shall be responsible for the following key tasks to satisfy the scope and objectives (Section 1.2 and 1.3) of this contract:

2.1 TASK ONE. Commercial fishing gear and field operation/practice information

2.1.1 Develop, foster, and maintain partnerships with individual commercial fishermen, commercial fishing industry members/groups, state agencies, observer program personnel, and other stakeholders.

2.1.2 Provide NMFS SERO with updated and regular real-time information on pertinent commercial fishing activity, gear characteristics and field operation practices in North Carolina, and additional areas affected by the Plans (Section 1.1) as requested and needed by NMFS SERO.

2.1.3 Characterize current commercial fishing field operations/practices and fishing gear characteristics for those fisheries affected under the Plans (Section 1.1), as needed or requested by NMFS SERO; and provide NMFS SERO with written characterizations in accordance with the timeline for written characterization to be determined by NMFS SERO in consultation with the Contractor.

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2.1.4 For marine mammal fishery-related bycatch events (e.g. strandings and observed takes) in areas affected by the Plans (Section 1.1), assist with identifying and characterizing the nature/type of fishing gear(s) involved and its respective fishing practice(s) or potential fishing activity occurring in the vicinity of the stranding, when requested by NMFS SERO and within 2 days of the request.

2.1.5 Provide NMFS SERO with recommendations on fishing gear modifications to reduce marine mammal bycatch as needed or requested and in consultation with the commercial fishermen/industry groups as appropriate.

2.1.6 Provide regular written and verbal communication to NMFS SERO on any concerns, comments, questions, or feedback received from communications with commercial fishermen and industry representatives.

2.2 TASK TWO. Fishermen/industry group collaboration and communication

2.2.1 Develop, foster and maintain partnerships with the individual commercial fishermen and commercial fishing industry groups affected by the Plans (Section 1.1).

2.2.2 Regularly communicate and meet with fishermen (e.g. at major Southeast Region fishing ports) to provide accurate management outcomes from Team meetings and pertinent changes or amendments to Plans (Section 1.1); answer questions about fishing gear requirements; discuss potential fishing gear modifications and alternative gear deployment methods; and discuss/answer fishery observer efforts. Provide NMFS SERO with written summary within 5 business days.

2.2.3 Communicate (e.g. verbally, electronically, meetings, workshops, etc) and distribute pertinent compliance information on the Plans (Section 1.1), as well as other NMFS laws and regulations as they pertain to commercial fisheries affected under the Plans (Section 1.1); and provide NMFS SERO with written summary within 5 business days of communication and distribution method.

2.2.4 Assist NMFS SERO in the development of regulatory compliance information for fishermen affected by the Plans’ (Section 1.1) implementing regulations based on the Contractor’s knowledge of the target fishing community

2.2.5 Provide NMFS SERO with recommendations for enhancing commercial fishing industry compliance with the Plans’ (Section 1.1) implementing regulations based on the Contractor’s knowledge of the target fishing community.

2.2.6 Assist NMFS SERO in alerting commercial fishermen affected by the Plans (Section 1.1) of possible funding opportunities to collaboratively conduct research designed to reduce interactions between marine mammals and fishing gear, and help fishermen to respond appropriately to these solicitations as applicable.

2.2.7 Facilitate communication with commercial fishermen serving on Teams (Section 1.1) about Team meeting scheduling to ensure adequate participation from commercial fishing industry representatives at the meeting(s).

2.2.8 During Team (Section 1.1) meetings and as requested by NMFS SERO, facilitate dialogue and discussions amongst pertinent commercial fishery industry representatives and other industry members, as applicable.

2.2.9 Assist fishermen with ropeless gear adoption, specifically in the Black Sea Bass Fishery. Attend fishermen trainings so knowledgeable in gear operation, facilitate questions about gear conversion to the proper individual, and share information on ropeless gear to fishermen who have yet to adopt the technology.

2.3 TASK THREE. Plan requirements and fishery regulations

2.3.1 Attend and participate in workshops and meetings related to Plans and Teams (Section 1.1).

2.3.2 Attend fishery-related meetings organized by researchers, federal agencies, state agencies, fishing associations, or local communities, as applicable to fisheries managed under the Plans (Section 1.1); and provide NMFS SERO with written summary within 5 business days from meeting attendance.

2.3.3 Assist NMFS SERO with implementing pertinent Team (Section 1.1) meeting consensus recommendations.

2.3.4 Identify commercial fishing industry representative(s) for consideration by NMFS SERO to serve as replacement member(s) on applicable Team(s) (Section 1.1), as needed.

2.3.5 Immediately notify the applicable NMFS Plan coordinator of any potential violation of the laws or regulations under the MMPA, Endangered Species Act, or Magnuson- Stevens Fishery Conservation and Management Act, such as vessels failing to abide by any of the Plan’s stipulated regulations.

2.3.6 Assist NMFS SERO when requested and necessary with discussions related to protected species concerns and fishermen compliance with regulations in the mid- Atlantic.

3.0 DELIVERABLES

3.1 Monthly Reports

The Contractor shall provide a monthly progress report along with the monthly invoice to the COR via electronic mail. At a minimum, each monthly report shall contain the following details:

● Approximate labor hours worked during monthly reporting period to accomplish contract requirements;

● Any travel conducted;

● Location of all ports visited;

● Summaries for dock visits conducted, including names of the fishermen the

Contractor met with and contact information, where possible;

● Location of workshops, meetings, trainings conducted or attended, and a brief summary of each, including information relayed and feedback received;

● Progress and outcomes achieved through meeting with fishermen, and any related recommendations;

● Suggestions or recommendations for implementation strategy for the Plans’ (Section

1.1) related to fishermen compliance with regulations;

● Details on current commercial fishing activity, gear types and characteristics, and target species; and

● Any other perspectives, comments, questions, or concerns from fishermen to which

NMFS should consider or respond.

3.2 Annual Reports

The Contractor shall also provide an annual report to the COR on September 1st of each year of the contract, which shall outline the work accomplished during the previous fiscal year. This report should include narrative explanations of programs implemented, status of programs in progress, successes and challenges, feedback information, and recommendations for the program moving forward into the next fiscal year. Outline initiatives associated with the duties of this contract that the Contractor feels have been successful and should continue, as well as those that should be modified or amended to increase effectiveness.

3.3 1330-52.215-70 SCHEDULE OF DELIVERABLES

The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

ITEM PWS

REF DELIVERABLE DUE BY

TO

1 10.0 Post Award Conference 10 business days from contract award

N/A

2 3.1 Monthly Progress Reports

Monthly: on or about the first of each month for the prior month’s activities

COR

3 3.2 Annual Reports Annually, on September 1st

COR

ITEM PWS

REF DELIVERABLE DUE BY

TO

4 2.0 Meeting Summaries

Provides NMFS SERO with written summaries from any pertinent Plan, Team, and fishery related meetings, workshops, etc within 5 business days from meeting attendance.

COR

5 2.1 Fishing Activity Reports

At least monthly, provide NMFS SERO with updated and real-time information on pertinent fishing activity in North Carolina via written email, and additional areas affected by the Plans (Section 1.1) as requested and needed by NMFS SERO.

COR,

NMFS

SERO

6 2.1 Fishery/ gear Characterization Reports

As requested by NMFS SERO and per Section 2.0, provide NMFS SERO with written characterization(s) of current commercial fishing field operations/practices and fishing gear characteristics; characterization of gear/fisheries involved in marine mammal bycatch events; and recommendations on fishing gear modifications

COR,

NMFS

SERO

7 2.2,

2.3 Activity Reports

Provide NMFS SERO with activity reports, as requested and if needed at interim timeframes from inclusion in monthly reports, on progress made towards implementation of Team consensus recommendations, including efforts to communicate with fishermen and enhance compliance.

COR,

NMFS

SERO

4.0 PERSONNEL REQUIREMENTS

The marine mammal bycatch fishery liaison is a key source of providing consistent, neutral information to both commercial fishermen and NMFS. To successfully perform the tasks outlined in Section 2.0, it is crucial that there is continuity and consistency in the fishery liaison position because of the critical nature of building trust with commercial fishermen and the fishing industry groups. This is essential for successful communication and collaboration in contributing to the Plans’ (Section 1.1) effectiveness. Therefore, the marine mammal bycatch fishery liaison position is considered key for this requirement and there should be consistency with one key personnel maintaining the contract position.

Providing the required marine mammal bycatch fishery liaison services requires specific technical skills and demonstrated experience, knowledge and ability to successfully fill this need. Key Personnel requirements and preferences are detailed below:

• It is crucial for the key personnel to have demonstrated expertise regarding the Plans implemented along the U.S. Atlantic Coast (Section 1.1) and related marine mammal bycatch issues.

• The key personnel must possess experience with regularly communicating to commercial fishermen/industry groups regarding the topics detailed in the Plans and their implementing regulations and compliance guides and answering the fishermen/industry’s questions based on the key personnel’s in-depth knowledge.

• Communicating compliance information on the Plans’ implementing regulations to commercial fishermen/industry groups requires the ability to accurately convey complex regulatory and biological information, as well as gear and fishing practice information to both NMFS and the commercial fishermen/industry groups. Therefore, the key personnel must demonstrate experience with and the ability to characterize fisheries affected by the Plans (PWS Section 1.1) through direct knowledge and understanding of the affected commercial fishing field operations and fishing gear characteristics, specifically for gillnets, trap/pots, seines, stop nets, pelagic longlines, and pound nets.

• To successfully meet the requirements of the fishery liaison position, the key personnel must have established communication networks and meaningful relationships with both individual commercial fishermen and industry groups affected by the Plans (Section 1.1) and specifically for those using gillnets, trap/pots, seines, stop nets, pelagic longlines, and pound nets.

• The key personnel must have substantial experience directly liaising with the commercial fishermen and fishing industry groups affected by the Plans (Section 1.1) and working with them on regulatory compliance and related marine mammal bycatch issues. It is preferred that the key personnel have at least 10 years of this experience.

• The key personnel must be willing to travel regularly to conduct work specified in the

PWS.

• It is preferred the key personnel has experience participating in a commercial fishery in North Carolina.

5.0 PERFORMANCE REQUIREMENTS SUMMARY

This contract includes a Performance Requirements Summary (PRS). The PRS plays an integral role in the administration of the contract. In addition to any applicable inspection clauses or other related terms and conditions contained in the contract, the PRS shall serve as a primary tool for inspection and acceptance of services as facilitated by the Contracting Officer’s Representative (COR). Evaluation of the Contractor’s overall performance will be in accordance with the performance standards set forth in the PRS, and will be conducted by the COR. The PRS constitutes a material aspect of the contract and will not be changed or otherwise modified without prior written approval of the Contracting Officer.

The PRS establishes key elements of Contractor performance that represent “mission essential” service requirements, which are identified in the table below in the “Service Output” column.

The “Performance Objective” column represents the standard against which Contractor performance will be measured in relation to accomplishment of the corresponding service output. The performance objective or “standard” describes the minimum acceptable level of service by the Contractor for satisfactory performance. The “Acceptable Quality Level (AQL)” column displays the maximum allowable deviation from the performance objective, which, if exceeded, evokes the negative incentive specified in the table below.

Service Output Performance Objective Acceptable Quality Level

(AQL)

Method of Surveillance

(Performance Requirements) (Performance Standard) (Performance Metrics) (Quality Assurance)

Plan Requirements &

Stays up-to-date on all Plan (Section 1.1) implementing regulations, requirements, amendments, & implementation needs, as well as related gear changes, research, etc.

Demonstrates knowledge & understanding 98% of the time

Accuracy, random report/email reviews, & observations.

Fishery Regulations

(PWS 2.3)

Stays up-to-date on pertinent fishery regulations associated with fishing gear regulated under the Plans (Section 1.1).

Demonstrates knowledge & understanding 98% of the time

Accuracy, random report/email reviews, & observations.

Assists NMFS SERO with meeting Team & Plan (Section 1.1) mandates by identifying replacement fishing industry representative(s) for Teams as needed; & implementing applicable Team meeting consensus recommendations.

Collaboration is professional, responsive, & plans are mutually agreed upon for meeting needs.

Feedback is positive 98% of the time

Accuracy, customer feedback, random report/email reviews, observations.

Fishermen/ Fishing Industry Communications

(PWS 2.0)

Regularly communicates & meets with fishermen/industry groups to provide: accurate management outcomes from Team (Section 1.1) meetings; pertinent changes or amendments to Plans; information about upcoming Team meetings to facilitate scheduling & meeting success;

answers to questions about gear requirements, fishery observer coverage, etc; & relays questions & concerns to

NMFS SERO.

Feedback is positive 98% of the time

Accuracy, information dissemination, customer feedback, random email/report reviews.

Assists NMFS SERO with Team (Section 1.1) meeting success by facilitating communication with commercial fishermen on Team meeting scheduling & dialogues/discussions with fishing industry during Team meetings to help accomplish meeting goals.

Collaboration is professional & feedback is positive 98% of the time

Accuracy, information dissemination, customer feedback, observations

Provides NMFS SERO with recommendations for enhancing commercial fishing industry compliance with the Plans (Section 1.1); assists NMFS SERO with development of regulatory compliance information to industry as needed; & distributes compliance information to affected fishing industry on Plan requirements.

Collaboration is professional & feedback is positive 98% of the time

Accuracy, information dissemination, customer feedback, random report/email reviews.

Works with NMFS SERO & partners to determine the need for meetings/workshops with industry on new or existing Plan requirements (Section 1.1), emerging issues, & gear or fishery practice changes & modifications, & holds meetings/workshops.

Collaboration is professional & plans are mutually agreed upon for meeting needs. Feedback is positive 98% of the time

Random report/email reviews, customer feedback, observations.

Fishing Gear & Practice Information (PWS 2.1)

Conducts at least 1 monthly dock-side/fishing port visit. Attempt is made at least 90% of the time

Random inspection, report/email reviews

Provides NMFS SERO with updated & real-time information on pertinent commercial fishing activity in North Carolina at least monthly, & additional areas affected by the Plans (Section 1.1) as requested & needed by NMFS SERO.

Requirements are met 90% of the time

Random inspection, report/email reviews, dissemination of information

Assists NMFS SERO in characterizing commercial fishery(ies) current field operations/practices & gear types affected by the Plans (Section 1.1) as needed, & provide written characterization(s) to NMFS SERO.

Collaboration is professional & characterization is accurate. Feedback is positive 98% of the time.

Random inspection, report review, accuracy, & customer feedback.

Relays to NMFS SERO any concerns or feedback from commercial fishermen.

Responsive to requests, information is accurate.

Feedback is positive & timely 98% of the time.

Responsiveness, observations, accuracy of information

Provide NMFS SERO, upon request, with information to identify & characterize the nature/type of fishing gear(s) & respective fishing practices involved in marine mammal bycatch events; & with recommendations on fishing gear modifications to reduce marine mammal bycatch events.

Responsive to requests, information is accurate.

Feedback is positive & timely 98% of the time.

Responsiveness, observations, accuracy of information

Meetings (PWS Section 2.0)

Attends Team (Section 1.1) meetings & planning meetings;

pertinent fishery & gear related meetings affecting fisheries under the Plans (Section1.1) organized by state/federal agencies, councils, commissions, fishing associations, etc.

Attends pertinent meetings 95% of the time

Attendance, observations, random email/report review

Provides NMFS SERO with timely written summaries from any pertinent fishery & gear related meetings attended. 95% timeliness

Attendance, accuracy & dissemination of information.

Reports (PWS Section 3.0)

Monthly reports are generated per requirements in the PWS & provided on or about the first of the month. 98% timeliness Random inspection, report review An annual report is generated per requirements in the PWS & provided on or about September 1st. 98% timeliness September inspection, report review

Collaboration & Partnerships (PWS Section 2.0)

Develops, fosters, & maintains partnerships with individual commercial fishermen, commercial fishing industry members/groups, state agencies, observer program personnel, & other stakeholders.

Feedback is positive 98% of the time

Observation, customer feedback

Customer Service

Communications & interactions with the government, commercial fishermen/industry groups, state agencies, Team members, researchers & academia, council & interstate commission members are professional & courteous.

Feedback is positive 98% of the time

Observations & customer feedback.

Responsive to needs of the government

(PWS 2.0)

Assist, when requested & necessary, with protected species related discussions; compliance assistance; participation in additional meetings, & research; & information gathering to facilitate the objectives of the PWS.

100% positive response to government needs & requests

Customer feedback

6.0 PERIOD OF PERFORMANCE

The period of performance for this contract is a one-year base period with four one-year option periods as follows:

Base Period September 18, 2024 through September 17, 2025 Option Period One September 18, 2025 through September 17, 2026 Option Period Two September 18, 2026 through September 17, 2027 Option Period Three September 18, 2027 through September 17, 2028 Option Period Four September 18, 2028 through September 17, 2029

7.0 PLACE OF ACCEPTANCE

The place of acceptance will be:

U.S Department of Commerce/NOAA/National Marine Fisheries Service

SOUTHEAST REGIONAL OFFICE

263 13TH Avenue South St. Petersburg, FL 33541

8.0 GOVERNMENT FURNISHED RESOURCES

The Government will not furnish any resources to the Contractor in support of this contract.

The Contractor shall provide and retain the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified) to perform the minimum duties specified herein. The Government will provide any necessary information, data and documents to the Contractor for work required under this contract, unless it is developed with and by the Contractor per Section 2.0.

9.0 TRAVEL

Key personnel travel shall be required to support this requirement. The Contractor shall be responsible for all travel arrangements and expenses, appropriate lodging, and all expenses associated with performing the work required under this contract. All travel required by the Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations. These regulations can be found at www.gsa.gov. The Contractor shall be responsible for obtaining COR approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event.

10.0 POST AWARD CONFERENCE

The Contractor shall attend a Kick-off conference with the Contracting Officer, COR, and Project Lead/Officer no later than 10 business days after the date of award. The purpose of the Post Award conference, which will be chaired by the Contracting Officer, is to set the standards of performance, clarify details, place of performance, building access time, communication channels, anticipated travel (if any), required GOV training, and progress report and invoicing details. The Kick off conference will be held via teleconference.

11.0 INTELLECTUAL PROPERTY

All deliverables are the property of the U.S. Government. All documents, analyses, files (digital or other), reports, notes and photos are to be used only by Contractor personnel assigned to this award. Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the NMFS Project Leader.

12.0 IT SECURITY

The Contractor must meet the Department of Commerce IT Security Program Policy and Minimum Implementation Standards (found at https://connection.commerce.gov/collection/it-security-policy-and-fisma-reporting-program). The Contractor must also adhere to NOAA and NMFS security policies (found at https://www.csp.noaa.gov/policies/).

13.0 SECTION 508 COMPLIANCE

Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L.

105-220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the http://www.gsa.gov/ https://www.csp.noaa.gov/policies/

“Access Board”) in 36 CFR Part 1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

14.0 CONFIDENTIALITY AND DATA PRIVACY

This contract may require that services contractors have access to Privacy Information. Service contractors are responsible for maintaining confidentiality of all subjects and materials and may be required to sign and adhere to a Non-disclosure Agreement (NDA).

15.0 INVOICING

The Contractor shall submit monthly invoices in IPP, at the same time and covering the same time period as the monthly report described under Section 3.1. Invoices shall itemize:

● the Monthly Firm-Fixed-Price

● Travel costs (with receipts for lodging, airfare/other transportation)

Payment of invoices shall be contingent upon review by the COR of the monthly report.

http://www.access-board.gov/ http://www.section508.gov/