Attachment_26-Vessel_Selection_Letter_and_Vessel_Selection_Protocols.pdf

Northeast Fisheries Observer Program

Vessel Selection Methods and Protocol* (Vessel Selection Letter and verbal selection)

Selection Letter Protocol In order to better follow up with and enforce selection letters please attempt to follow these steps whenever using the Vessel Selection Letter (VSL):

1. Inform Area Lead and Assistant that a Selection Letter has been sent or hand delivered. If selecting a vessel for multiple trips on a single VSL discuss it with the Area Lead / Assistant before sending if possible.

2. Update the Selection Letter Tracking Google Doc with vessel information, tracking numbers (if mailing) and information about why the Selection Letter is being sent.

a) Include in the tracker any information on interactions you may have had with the vessel that led to you deeming a VSL necessary. (e.g. “When I saw the captain at the dock, he said he won’t take an observer until he has to”, or “captain said he would take someone on 11/15. I called him on 11/13, and 11/14 and left a message, captain won’t return calls and cannot be located at the dock”)

3. Send a PDF copy of the selection letter via email to Area Lead Assistant (ALA) for the area the selected vessel is departing from (Mid Atlantic or Northeast).

4. If mailing the letter send with confirmation receipt and email a copy of the signed return receipt to the ALA and retain original copy.

a) When mailing letters type out and print a PDF copy of the VSL instead of hand writing when possible.

b) If the permit holder will not sign for the letter on the first attempted delivery then the letter may be re-mailed using confirmation delivery.

c) If possible once you see the permit holder has signed for the VSL call to confirm that they understand the letter and that the correct individual has received it

5. Update the Selection Letter Tracking Google Doc when any contact is made with the vessel, when trips are taken or set up or notify Area Lead/Assistant if you think a refusal may be necessary.

6. ALAs will research landings, declarations and VTR data after a selection letter is issued to determine if a refusal is warranted.

7. If warranted, ALAs will request a refusal report be submitted along with other required documentation that will be forwarded to OLE.

8. OLE will follow up with any action they deem appropriate /necessary. Please ask Area Leads for updates or they will update the provider as they gain more information.

Suggestions to assist with quicker follow up:

If a selection letter is mailed and signed for and you don't receive a call from the captain right away let the ALAs know so they can keep a closer eye on landings.

On the same note, update the selection letter tracking google doc if a captain has called you to schedule an observed trip so they know a captain is being cooperative and will not require enforcement action.

Selection Letters become significantly more complicated to follow-up on if they are for multiple trips (e.g. it says “selected for 2 DOF gillnet trips”). The preferred selection method would be to select vessels one trip at a time, give them a selection letter, cover a trip and if they will not allow another trip, select them again. This method may be a little more work but when it comes to enforcing a refusal this method is much more black and white.

Attachment 26

EA133F-17-RP-1824

If you would like to work with a vessel that needs time to get safety compliant and don't want to tie them to the docks by saying “selected for your next trip” write on the selection letter “Selected for your next trip after (date 1-2 weeks from now)”.

This way there is still an official selection and they have however much time you deem appropriate to become safety compliant before a refusal needs to be submitted.

Verbal Selection Protocol Verbal selection is not an ideal method to replace a selection letter with but it is a legitimate method of selection and can be enforced. When verbally selecting a vessel make sure to be very clear in your wording that the vessel has been selected for its next trip:

“Hey John you have been selected for your next trip, can I come with you?”

As long as the words “you have been selected for your next trip” clearly come up in the conversation you have verbally selected the vessel for coverage. For this to be an enforceable selection method it has to be clear and well documented. This method may be good to use when someone refuses to accept a selection letter.

Scenario: You’re at the dock trying to set up a trip and you run into the captain of a vessel you have been trying to get out with for a while. You walk up to the vessel and start talking to the captain:

“Hey John, how’s it going?”

“Fine. What do you want?”

“Well I am an observer and I was hoping I could get on a trip with you this week”

“ I’m not taking any observers.”

“Okay, I understand how you feel but unfortunately you’ve been selected for your next trip and my coordinator sent me down here to set it up with you. Would you rather he send someone else?”

“ No. Your all the same. Call me later this week and we will set up a trip”

“ Sounds good, what is the best number to reach you at?”

Hopefully at this point when you call him later in the week to confirm a trip he answers and tells you when he is going fishing. If he doesn’t and leaves the dock without an observer, he has been formally selected for coverage and this would be considered grounds for a refusal incident report.

Things to remember in your incident report:

Date, times and exact wording that was used in conversations with the captain/ owner (or as close as you can get)

Dates and times of any follow up conversations and phone calls

Date and time vessel left the dock without an observer (can confirm this with FSB staff)

For assistance with vessel selection call:

Northeast: Sara Weeks (508) 642-6005 or Kristy Gustafson (508) 495-2002

Mid-Atlantic: Kara Gibbons (508) 495-2154

*These protocols are only to be used as guidelines when formally selecting vessels for observer coverage in fleets with no pre-trip notification requirements.

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

NATIONAL MARINE FISHERIES SERVICE

Dear Vessel Owner, Operator, or Fisherman:

GREATER ATLANTIC REGIONAL FISHERIES OFFICE

55 Great Republic Drive Gloucester, MA 01930-2276

NOAA's National Marine Fisheries Service has selected your fishing vessel, FN

(United States Coast Guard (USCG) documentation or state # ________ _, to take an observer on:

D your next fishing trip;

D all fishing trips between the dates of-----------·' when fishing the following gear type , or when fishing under the following Vessel Monitoring System (VMS) declaration code---------------------

You must notify the Observer Service Provider representative noted below at least twenty four (24) hours before the start of the vessel's next fishing trip. If you received this letter on the same day as a planned fishing trip, you must notify the Observer Service Provider immediately upon receiving this letter.

You must contact:

_____________ at phone number _________________ _ (Contact name, completed by NMFS, Observer Service Provider staff, or observer and contact phone number)

FREQUENTLY ASKED QUESTIONS:

Am I legally required to carry an observer?

Yes - if your vessel has certain Federal permits, or you are participating in certain fisheries, your vessel is required to carry an observer when selected for observer coverage.

• Any vessel issued a Federal permit to fish for Atlantic sea scallops, Northeast multispecies, monkfish, skates, Atlantic mackerel, squid, butterfish, scup, black sea bass, bluefish, spiny dogfish, Atlantic herring, tilefish, Atlantic deep-sea red crab, summer flounder (moratorium permit), and American lobster is required to carry an observer when selected for observer coverage.

• Any vessel participating in a state or Federal Category I or II fishery, occurring in either state or

Federal waters, which appear in the Marine Mammal Protection Act (MMPA) List of Fisheries, is required to carry an observer when selected for observer coverage. To see if your fishery is listed, please visit http://www.nmfs.noaa.gov/pr/interactions/lof/ or call the Greater Atlantic Regional Fisheries Office Protected Resources Division at 978-281-9328 for more information.

• Under the authority of the Endangered Species Act (ESA), NMFS identifies U.S. fisheries required to take observers upon request for the purpose of learning more about sea turtle interactions. For more information visit: www.nmfs.noaa.gov/pr/species/turtles/observers.htm.

If your vessel is issued one of the Federal permits noted above or is participating in a fishery where observer coverage is required by the ESA or the MMPA and your vessel is requested to carry an observer

���"'or or selected for observer coverage, your vessel may not lawfully fish in any fishery unless an observer is on board, or the observer requirement is waived.

Why am I being notified through a Selection Letter?

We sent you this letter to tell you that your vessel has been selected for observer coverage. Please call the Observer Service Provider contact listed on this letter to discuss your fishing activity. The Observer Service Provider will either send an observer to your vessel, or will verbally waive your next trip fromr coverage if an observer is not available.

Are there other ways that I may be notified my vessel has been selected?

Yes, in addition to being selected for observer coverage by letter, your vessel may also be selected in person or by telephone by someone from NMFS, Observer Service Provider staff, or by an observer, acting on behalf of the Regional Administrator.

What are the Vessel Safety Requirements I must meet to carry an Observer?

A vessel must meet all applicable USGC safety regulations. These requirements are generally outlined in the most current USCG publication 'Federal Requirements for Commercial Fishing Industry Vessels' available at: http://www.fishsafe.info/. All certificates, equipment and equipment servicing, registrations, and hydrostatic releases must be current/not expired. A vessel must have:

• USCG Commercial Fishing Vessel (CFV) Safety Examination decal or a USCG certificate of examination with proof of passing the USCG CFV Safety Examination, To receive a commercial fishing vessel safety decal, contact the USGC in your region at:

(Observer Provider please include contact number of Commercial Fishing Vessel Safety exam coordinators and region)

• Personal flotation devices/immersion suits for all crew onboard the vessel (note--observers will provide their own),

• Ring buoys or other allowable flotation,

• Distress signals (emergency signaling flares - night light and smoke or 3 day/night flares < 3 miles, 3 parachute, 6 hand held, 3 smoke> 3 miles),

• Fire extinguishing equipment,

• Emergency position indicating radio beacon (EPIRB) registered to the vessel, including NOAA Search and Rescue Satellite Aided Tracking registration, battery, and hydrostatic release,

• Survival craft, with sufficient capacity to accommodate the total number of crew on board, including the observer(s).

Who will verify that my vessel safety requirements are up-to-date before sailing?

Once a vessel is selected for coverage, the assigned observer is required to review emergency instructions with the vessel operator and complete a pre-trip safety check of the vessel's emergency equipment prior to departing on a trip. The observer will be verifying that the equipment, registrations, and certificates meet the requirements outlined above. If a vessel fails to pass the required pre-trip safety check, the observer may not deploy on a trip. The regulations at 50 CFR 600.746(i) prohibit a vessel from fishing without observer coverage.

What if my life raft doesn't have enough capacity to carry my assigned observer?

If selected for observer coverage, it is your responsibility to discuss the capacity of your life raft with the assigned observer or the Observer Service Provider. If your life raft is not large enough to carry the observer, you may request that the Observer Service Provider provide a Valise style life raft. Requests for Valise style life rafts may be granted, iffeasible. DO NOT ASSUME THE OBSERVER WILL HA VE HIS/HER OWN LIFE RAFT. If you are selected for observer coverage and an observer cannot deploy because your vessel has inadequate life raft capacity; it is unlawful for your vessel to fish .

What are my requirements for carrying an Observer?

In addition, the regulations at § 648.14( e) also prohibit harassing, interfering, or assaulting an observer;

refusing to carry an observer; failing to provide information notification, accommodations, access or reasonable assistance to an observer; and submitting false information to the observer program.

Whom do I contact for more information?

Please contact Amy Martins, Branch Chief, Northeast Fisheries Observer Program, at 508-495-2266 with questions or concerns.

OMB Control No.: 0648-0593 Expires on: 10/31/2018

Sincerely, al Administrator