PERFORMANCE WORK STATEMENT (PWS).pdf

NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION (NOAA)

NOAA FISHERIES

NORTHEAST FISHERIES OBSERVER PROGRAM (NEFOP)

SUPPORT SERVICES PERFORMANCE WORK STATEMENT (PWS)

C.1. BACKGROUND OVERVIEW

The National Oceanographic and Atmospheric Administration ’s (NOAA) mission is to understand and predict changes in the Earth’s environment and conserve and manage coastal and marine resources to meet our Nation’s economic, social, and environmental needs. NOAA’s National Marine

Fisheries Service (NOAA Fisheries) supports the overall NOAA mission by focusing on stewardship of living marine resources through science-based conservation and management and the promotion of healthy ecosystems.

NOAA fisheries is responsible for the management, regulatory compliance, economic data and protection of living marine resources within the United States Exclusive Economic Zone. NOAA

Fisheries also plays a supportive and advisory role in the management of living marine resources in coastal areas under state jurisdiction. It provides scientific and policy leadership in the international arena, and implements international conservation and management measures as appropriate.

Under this mission, the goal is to optimize the benefits of living marine resources to the Nation through sound science and management. This requires a balancing of multiple public needs and interests in the sustainable benefits and use of living marine resources, without compromising the long-term biological integrity of coastal and marine ecosystems.

Many natural and human-related factors affect the status of fish stocks, protected species and ecosystems. Although these factors cannot all be controlled, available scientific and management tools enable the agency to have a strong influence on many of them. Maintaining and improving the health and productivity of these species is the heart of the NOAA Fisheries mission.

These activities will maintain and enhance current and future opportunities for the sustainable use of living marine resources as well as the health and biodiversity of their ecosystems.

C.1.1 NORTHEAST FISHERIES OBSERVER PROGRAM

The Northeast Fisheries Science Center (NEFSC) is a regional science center for NOAA Fisheries. The

NEFSC’s Fisheries Monitoring and Operations (FMO) Branch manages three major programs that collect data during commercial fishing trips throughout state and federal waters from North Carolina to

Maine: (1) the Northeast Fisheries Observer Program (NEFOP), (2) the At-Sea Monitoring (ASM) program, and (3) the Industry-Funded Scallop (IFS) program. Trained fishery observers collect these data for scientific and fisheries management use, including stock assessments, protected species management, and catch accounting. The FMRD also processes and manages the data and biological samples obtained. The fisheries requiring observer coverage fall under the following fishery management plans (FMPs) and permits: Atlantic Sea scallops; Northeast multispecies (groundfish);

monkfish; Northeast skate complex; squid, mackerel, and butterfish; scup, summer flounder

(moratorium permit), and black seabass; bluefish; spiny dogfish; Atlantic herring; tilefish; Atlantic deep-sea red crab; Atlantic surfclam and ocean quahog; and American lobster. The Standardized

Bycatch Reporting Methodology (SBRM) Omnibus Amendment was implemented in February 2008

(NEFMC 2007; NMFS 2008) to address the requirements of the Magnuson-Stevens Fishery

Conservation and Management Act. Because of a deficiency associated with an element of the amendment (the prioritization process), the regulations implementing the SBRM were removed by the

National Marine Fisheries Service (NMFS) in December 2011 (NMFS 2011). A revised SBRM

Omnibus Amendment was approved in March 2015, and the final rule became effective in July 2015

(NEFMC 2015)

Each year the Northeast Fisheries Science Center (NEFSC) uses the data collected by the NEFOP (and

Industry-Funded Scallop (IFS) Program) to complete the annual SBRM analyses that estimate bycatch.

These analyses are also used to determine the amount of observer coverage needed to monitor the

Northeast’s fourteen (14) federally managed fish species groups and sea turtles. Across the New

England and Mid-Atlantic regions, the SBRM process partitions commercial trips into fleets based on the type of fishing gear, access area, trip category, mesh size, and port region. Based on the SBRM analyses and available funding, observer coverage is assigned in order to estimate bycatch in commercial fisheries as precisely as possible.

Data is the foundation of the scientific advice that supports decision-making by resource managers. To collect the quantity and quality of data necessary to ensure good science and management, NOAA

Fisheries continually strives to increase its capacity for data gathering to supplement data self-reported by fishermen. Fishery observers are one of the most important sources for obtaining some types of at-sea information such as bycatch composition and mortality, and interactions with marine mammals, sea birds, and sea turtles. Observed trips are required under many of the region’s FMPs, and by other federal laws and authorities such as the Marine Mammal Protection Act (MMPA), the Atlantic Coastal

Fisheries Cooperative Management Act (ACFCMA), the ESA, and the Magnuson-Stevens Fishery

Conservation and Management Act (MSA).

C.1.2 NORTHEAST PORT BIOLOGICAL SAMPLING PROGRAM

Certain federally permitted fishing vessel owners (50 C.F.R. §648.4, 50 C.F.R. §697.4), seafood dealers and processors (50 C.F.R. §648.6, 50 C.F.R. §697.6) are required to submit reports detailing their activity. These reporting regulations are codified at 50 C.F.R. §648.7 and 50 C.F.R §697.6. The

Fishing Vessel Trip Report (FVTR), and recently developed electronic vessel trip reports (eVTR) are the form(s) used to detail most vessels’ activity during a fishing trip, while dealers use electronic systems to report their purchases. Additionally, vessels permitted to participate in the Surf Clam/Ocean

Quahog fishery are required to report activity in that fishery on the vessel catch report. Both ongoing and periodically, other data collection activities are undertaken in an effort to more fully describe these and other fisheries. One of the on-going efforts is the Northeast Port Biological Sampling Program

(NEPBSP). Contractors use vessel trip reports and dealer reports as a reference to inform their biological sampling activities. Data from these sources are appended to sampling data and are used to validate some data collected for a sample.

The NEPBSP is a component of the NEFOP and is managed collectively as one comprehensive program. Port sampling is conducted on a market category basis at the ports/docks/fish houses/dealers across the region. The port sampler measures lengths and removes otoliths or scales from a subsample of the fish measured for length for some species, and these samples are returned to the NEFSC for aging. The length and age data are then used in the stock assessments. Stratification by time period, landing region, gear and/or market category (e.g. small, large, scrod, market, whale) is necessary to accurately estimate numbers at length for many stocks.

C.2. OBSERVER PROGRAM OBJECTIVES

NOAA Fisheries has an extensive program to monitor and observe living marine resources and associated communities to provide information on biota, their habitats, and the human activities and actions that may impact coastal and ocean ecosystems. Data is the foundation of scientific advice, which provides information to management to support decision-making. A more consistent flow of high quality, credible information is required to improve decision-making. To collect the quantity and quality of data necessary, NOAA Fisheries intends to improve its capacity to conduct surveys and to conduct research and studies for better understanding of ecosystems. These efforts rely on extensive collaboration with fisheries participants and other stakeholders in the living marine resource decision process.

Observers are the only independent data source for some types of at-sea information such as bycatch composition and mortality, and marine mammal, sea bird and sea turtle interactions. Although vessel self-reporting is often utilized, only limited data collection demands can reasonably be placed on the captain and crew. In addition, the reliability of self-reported information is a concern for scientists and policy makers, who use the data to make fishery management decisions for the purpose of maintaining the nation’s marine resources.

Currently, more than five hundred (500) observers are deployed in eighteen (18) observer programs throughout five (5) of the NOAA Fisheries Regional Fisheries Science Centers (FSC). NOAA

Fisheries observer coverage is essential to reliably estimating catch and bycatch and helping to implement programs to reduce bycatch, and to characterize commercial landings. Additional benefits of enhanced observer programs are near real-time monitoring of biological and environmental conditions and sampling opportunities not available from dockside sampling. This includes information on marine mammals, turtles and seabirds, resource abundance, contaminants, habitat, life history, and other basic biological information.

NOAA Fisheries is required to collect scientific, management, regulatory compliance, and economic data for fisheries by placing observers aboard U.S. domestic fishing vessels. These data cannot be obtained by other means or on Government research vessels. These data are needed for the management of fisheries occurring in the U.S. Exclusive Economic Zone (EEZ) and the high seas beyond the EEZ.

NOAA Fisheries has three (3) objectives in its mission to protect, restore, and manage the use of coastal and oceanic resources:

• Protect and restore ocean, coastal, and Great Lakes resources;

• Recover protected species;

• Rebuild and maintain sustainable fisheries.

NOAA Fisheries will measure its performance against these objectives using the following measures:

1) Increased number of coastal and marine ecosystems maintained at a healthy and sustainable level;

2) Increased social and economic value of the marine environment and resources (e.g., seafood, recreation, and tourism);

3) Increased number of acres and stream-miles restored for coastal and ocean species;

4) Increased number of protected species in a stable condition or in an upward trend;

5) Increased number of managed species that are at optimum levels; and

6) Improved ecological conditions in coastal and ocean protected areas.

NOAA Fisheries requires Contractor support, as described below, to satisfy these requirements.

C.2.1 PORT SAMPLING BIOLOGICAL PROGRAM OBJECTIVES

NOAA Fisheries collects statistical information and biological samples sufficient to characterize and manage marine fisheries. Under this effort, Contractor personnel collect information from industry participants harvesting or purchasing marine species, and collect biological samples to obtain the necessary information. The NEPBSP is the primary NOAA funded program that collects biological samples (primarily size and age samples) used to characterize the size and age composition of the landed commercial catch. Observers will collect data at sea and in port, at the docks or fish houses/dealer facilities, in order to increase sample collection efficiently.

C.3. SCOPE AND OUTCOMES

The Contractor shall provide and retain the necessary qualified personnel, material, equipment, services, support and facilities (except as otherwise specified) to perform quality environmental, biological, and fisheries operations data collection, data analysis, and information dissemination for the NEFSC. Data quality is of the utmost importance. Quality data collection is expected to increase the critical information gathered for stock assessments to manage the species.

C.3.1 POLICIES AND REGULATIONS

In addition to the contract clauses, NOAA Acquisition Manual language, and other contract language contained herein, the Contractor shall comply with the Federal Regulations, Acts, Executive Order, Special Publications, Guidelines, NOAA Directives and Policies, and standards listed below. This listing is not all inclusive and is not intended to relieve the Contractor of its responsibilities for identification of applicable statues, regulations, and procedures and compliance therewith, when performing work under this PWS.

• Magnuson-Stevens Fishery Management and Conservation Act (MSA)

• Marine Mammal Protection Act (MMPA)

• Endangered Species Act (ESA)

• Data Quality Control Act (P.L. 106-514)

• Information Technology Security Policy

• Fisheries Management Plans (FMP)

• Biological Opinions (BO)

• Take Reduction Team Plans (TRT)

• NOAA Safety Standards

• Fair Labor Standards Act (FLSA)

• Service Contract Labor Standards

• Department of Labor Wage Determinations

• Applicable Federal and State labor laws

• Observer Health and Safety regulations

• Federal, state, and local safety regulations

• Merchant Marine Act (Jones Act) and General Maritime Law

• U.S. Longshore and Harbor Worker’s Compensation Act

C.4. STATEMENT OF WORK

C.4.1 MANAGEMENT REQUIREMENTS

C.4.1.1 Project Management

The Contractor shall perform all Project Management functions including contract, technical, personnel, administrative, logistic, quality, business, and other management functions that are necessary to execute the total effort required by this PWS. The

Contractor shall provide all personnel and other resources, except as otherwise specified in this PWS, necessary to accomplish these functions. The Contractor must have working knowledge of applying basic concepts, principles, and methodologies of fisheries or a related biological field sufficient to independently perform scientific tasks using standard methods and techniques. The Contractor shall effect these management functions through an integrated management approach, including cost, schedule, and technical performance within an acceptable project management framework. The Contractor shall develop and submit to NOAA Fisheries a Project Management Plan for approval that details how the

Contractor will manage the contract, its observer program, and the portside biological sampling program. The Contractor shall ensure that the level of support necessary for this requirement is maintained at all times.

C.4.1.2 Project Manager

The Contractor shall assign a Project Manager to be the focal point for communications between NOAA Fisheries and the Contractor. The assigned Project Manager shall be designated as Key Personnel for this contract. The Project Manager shall reside locally

(e.g., at or nearby one of the major fishing ports where a majority of the fishing effort occurs) in order to fully and properly support coordinating and observer staff. The

Project Manager shall:

1. Have experience with principles of project management including demonstrable experience planning, leading, directing, and managing projects;

2. Have experience setting up meetings; running meetings; writing and distributing meeting minutes; determining resources required, interviewing candidates and assigning tasks, creating a plan, executing a plan, and adjusting the plan as necessary;

3. Have experience with writing, and editing publication quality reports and manuscripts; and

4. Be capable of developing and presenting scientific results at project management meetings.

The Project Manager shall ensure all Contractor positions required to maintain a NEFOP certification as specified in this PWS attend refresher training and ensure the presence of

Contractor support staff at each training. For a specific job description see Section 4, Attachments, Labor Category Classifications and Job Descriptions.

C.4.1.3 Area Coordinators

The Contractor shall assign Area Coordinators as needed to coordinate observer deployments and provide observer support services. Primary tasks for Area Coordinators include: researching fishing and landings effort, vessel selection, dock work, developing relationships with the industry, coordinating observer deployments and biological port sampling, general observer support including pre and post trip support, assisting with vessel safety checklists prior to observer deployment, transportation and coordination of gear, monitoring InReach messages, updating the observer web portal and PTNS, and developing an understanding of the annual SBRM seaday schedule and process. Area

Coordinators should spend no less than seventy-five (75) percent of their time on these primary tasks identified as critical to support observers and to ensure program success.

Area Coordinators are required to either have a current NEFOP certification or have been

NEFOP-certified within two (2) years of employment and have exited in good data quality standing, unless approved by the COR. For a specific job description see Section

4, Attachments, Labor Category Classifications and Job Descriptions.

C.4.1.4 Management Reporting and Coordination

The Contractor shall prepare and submit to the Contracting Officer (CO) and the COR a monthly Status Report, that provides information on project status to include, contract award-to-date financial expenditures; observer retention status; any problems or issues encountered; and other information as may be requested by the COR. The monthly Status

Report shall include: field activities, trips resulting from dock work, dates of dock work, hours spent at the dock by port, fishing effort, outreach completed (by vessel), seaday accomplishments by reference number, issues with seaday achievements, any vessel requests for reimbursement of fuel bills and the final outcome, port sampling accomplishments by species and region, and issues with sampling achievements. The monthly Status Report shall include a status update on Contractor and observer dock work activities in support of observer deployment and commercial landings tracking for biological port sampling (Section C.4.2.5). In the event observers are used to conduct dock work activities, the Status Report should include the following additional details on dock solicitation or biological sampling event including Observer ID, observer homeport, port location, names of vessels encountered, and trip ID of any trips achieved as a result of the observer solicitation. When five (5) hours for dock solicitation by observers is billed resulting in no achieved sea days, approval for additional time must be granted by the COR for billing. The COR reserves the right to shift summary reporting timelines to weekly. The Contractor shall also provide all vessel contact information to NOAA

Fisheries quarterly.

NOAA Fisheries utilizes a web portal system to track various items, including, but not limited to observer certifications, contact information, including homeport and emergency contacts, personal locator beacon information, species verification compliance, observer tracking, captain interviews, observer yearly physical exam expiration dates, and vessel deployments. The Contractor shall be responsible for entering and updating information daily as required by NOAA Fisheries. The Contractor shall be required to update and monitor the portal on a daily basis. The portal serves as the main method to track observer deployments for safety purposes and therefore all information related to observer trip deployments shall be entered as trips are scheduled and deployed (both Pre-Trip Notification System (PTNS) and non-PTNS sea day schedule trips). Information included in the portal is provider specific and will not be shared among other observer providers. The Contractor is responsible for updating vessel assignment information within two (2) hours of embarkation or disembarkation, within core working hours of 8:00 AM to 3:00 PM, and is recommended to update trip deployments in as near real time as possible for increased safety and emergency response. The Government will provide access and training on the data entry system(s) the Contractors will use to update this information.

The Contractor shall provide a quarterly deployment plan at least two weeks in advance of a new quarter to COR and regional Operations Specialists that defines observer availability, assignment, vessel selection and biological port sampling plans for the quarter, anticipated travel, factors influencing deployments, outreach plans for dealing with difficult vessels/fleets, and safety outreach plans for dealing with vessels out of compliance.

Any incidents, issues, or concerns reported by an observer directly to Contractor staff shall be documented in an incident report and submitted to NOAA

Fisheries through the web portal within twelve (12) hours of landing or sampling

(port side). The contractor is required to monitor and respond to all InReach messages received from observers twenty-four (24) hours and seven (7) days a week and shall report to NOAA Fisheries immediately any concerns of safety of life at sea. All non-life-threatening safety concerns (e.g., seasickness, bed bugs, minor cuts, injuries, harassment, non-operator drug use, groundings, vessel tows, and vessel mechanical issues) reported via InReach should be reported to NOAA

Fisheries by the observer within twelve (12) hours after landing and the contractor shall inform NOAA Fisheries via email by the following calendar day.

C.4.1.4.1 Quality Assurance Management

The Contractor shall establish, implement, and maintain a Quality Assurance

Management program to ensure consistent quality of all work products and services performed under this contract. The Contractor’s Quality Assurance Plan

(QAP) is incorporated herein and shall be updated annually or more frequently if necessary.

All activities performed by the Contractor, as documented in the Contractor’s

QAP, shall be monitored by the Contractor and subject to review by the

Government. The Contractor shall describe how activities are prioritized and how deliverable products are reviewed to ensure adherence to NEFSC requirements prior to delivery to the Government. The NEFSC Contracting Officer

Representative (COR) will assess Contractor performance continuously throughout the performance of all task orders and will review all deliverable products for contract compliance in accordance with the QAP and this PWS. The Government will reject data or deliverable products that do not meet contractual requirements.

The Contractor shall work in close cooperation and coordination with the COR and

CO to improve and enhance processes for the overall betterment of the end users' product.

C.4.1.4.2 Emergency Action Plan

The Contractor’s Emergency Action Plan (EAP) is incorporated herein and shall be updated annually, within seven (7) calendar days of a change to key personnel, or more frequently if necessary. The EAP shall outline how the Contractor will respond to an emergency, including points of contact, protocols, guidelines, timelines, methods of communication, after action reports, and a mechanism for reviewing protocols following an emergency. The EAP shall be designed to be used for all types of emergencies. The EAP, at a minimum, shall include the following:

1. A description of the Contractor’s emergency management procedures and policy.

2. A description of how the Contractor will account for their employees during an emergency.

3. How the Contractor will communicate with the Government during emergencies.

4. A list of primary and alternate Contractor points of contact, each with primary and alternate:

a. Telephone numbers

b. E-mail addresses

Individual EAPs shall be activated immediately after determining that an emergency has occurred, shall be operational within 12 hours of activation or as directed by the

Government, and shall be sustainable until the emergency situation is resolved and normal conditions are restored or the contract is terminated, whichever comes first.

C.4.1.4.3 Global Pandemic or Other Infectious Disease Deployment Plan

In the event of any pandemic, epidemic, or infectious disease that occurs and becomes a risk to observers or industry members, the Contractor shall provide to

NOAA Fisheries, in writing, a deployment plan for preventing or mitigating the spread of the disease which shall be submitted to FMO staff a minimum of seven

(7) calendar days prior to its implementation. Revisions made to the deployment plan shall be submitted to FMO staff a minimum of seven (7) calendar days prior to its implementation. Deployment plans shall include the Contractor’s communications strategy, materials needed for disease prevention, details on additional training needed for observers to combat disease spread, action plan for disease containment for shoreside and at sea outbreaks, and prevention strategies to be implemented by observers.

C.4.1.5 Contractor Transition

The contractor shall commence transitioning services at the time of award. During the transition, the contractor shall begin setting up local infrastructure, building capacity, organizing support staff, and recruiting observers. The current contractor(s) will provide transition assistance during this period and will continue to be responsible for performance under prior contract vehicles.

The selected contractor may begin providing services upon award, and shall be ready to assume full responsibility within thirty (30) days after award. At the conclusion of the contract’s ordering period, the functions performed under this contract may be awarded to another contractor. In this case, the contractor shall fully cooperate with the government and the new contractor in this transition. The contractor shall assist in the transition of the follow-on while being responsible for all work requirements under the contract. The follow-on transition will be for a minimum of thirty (30) days but no more than sixty (60) days.

C.4.2 OPERATIONAL REQUIREMENTS

Observers are deployed in accordance with the NEFOP sea day schedules (Section 4, Attachments, 2024 NEFOP Seaday Schedule) developed by NOAA Fisheries. The NEFOP seaday schedule runs April 1st to March 30th each year and supplies a list of tasked seadays organized by region, gear type, fishery, and month. Accomplishments are tracked on a monthly, quarterly, and annual basis. The Contractor shall complete all tasked days as assigned. Tasked days are achieved through dock work, vessel intercept, and observer trip solicitation. The

Contractor shall achieve sampling requirements for NEPBSP samples via the schedule of sample collection (Section 4, Attachments, Annual Port Biological Sampling Request List) provided by NOAA Fisheries.

Observers shall also be deployed on non-NEFOP sea day schedule trips as assigned through the Pre-Trip Notification System (PTNS). The PTNS is designed by NOAA Fisheries to provide an effective way to ensure fair and adequate coverage for fisheries that have a notification requirement. PTNS initiates an automated process that randomly selects trips for observer coverage based on the coverage rate of trips within the same stratum. The Contractor shall be required to monitor and update the PTNS regularly. Several types of fishing gear may be used:

longline, trawl, gillnet, midwater trawl, scallop dredge, and purse seine. A monitored trip must be a trip where landings of groundfish, scallop or herring occur. Coverage levels will be in terms of number of sea days. As described in the MSA, NEFOP observers take precedence over

At-Sea Monitors for vessel placement when deployments overlap.

Due to availability of funding, changes in the fishery management, such as emergency closures, court ordered closures, weather and unforeseen events, sea day scheduling must remain flexible. Special projects and additional sea days may be required within the maximum allowable number of seadays.

If the Contractor is unable to meet ninety (90) percent of the total tasked days for any given quarter, the Contractor shall notify NOAA Fisheries and the Contracting Officer (CO) and

COR. The report shall include a mitigation plan on how the Contractor will increase accomplishments in the next quarter and detail which days were not accomplished and reasons as to why. The Contractor shall notify NOAA Fisheries and provide the aforementioned report within two (2) weeks after the quarter ends.

C.4.2.1 Northeast Port Biological Sampling Program

The Contractor shall ensure that the completeness of collected and processed data is consistent across the various data collection strata. Two criteria critical to the success of this project are the timeliness, and accuracy of the data collected by Contractor staff, as it is extremely important that these data are available to the end users in a consistent annual time series. The Contractor shall monitor task-staffing levels and adjust resources as appropriate to ensure that biological samples are collected in such a manner that samples are representative of commercial landings across specified timeframes consistent with the Port

Sampling Fishing Year (FY) 2025 Request List (Section 4, Attachments, Annual Port

Biological Sampling Request List) (and subsequent FY requests). All sample requests shall be treated with equal priority for production. At times, the NEFSC may reprioritize or adjust sample requests in order to meet unanticipated needs from users.

The Contractor shall deploy observers in a method that ensures all sample requests are met as required. Federal and state closures for specific periods can be addressed by flex sampling.

Additionally, some requests may be rolled into the requests for subsequent quarters, when approved by the NEFSC. All data quality matters will be managed by Training and Data

Quality (TDQ) staff and communicated to the Contractor. On occasion and when necessary, observers may be contacted for information. Considerations will be made for monthly squid requests by deploying observers to only sample squid requests during the requested month.

Federal and state closures for specific periods can be addressed by flex sampling.

Some activities will be conducted in an office environment; however, a majority of the tasks involve working directly with commercial marine fishing industries requiring fieldwork and interacting with fisheries participants. Since the industry is primarily situated on commercial waterfronts, visits to these areas may involve considerable physical effort and Contractor personnel may often be exposed to inclement weather and other conditions on docks, wharves, and around sampling sites that are typical of waterfront marine industries. The collection of biological port sampling may occur at the dock or at-sea on deployed trips. The Contractor shall work with FMO to ensure data collection is consistent with data requirements and meets program needs. These tasks require interacting with members of the marine fishing industry at any time of day, any day of the week. While the main focus of these efforts is data acquisition, Contractor employees are expected to have and maintain a solid understanding of the Agency, and fishing methods.

The Contractor shall consider all logistics to accommodate biological port sampling including, but not limited to: strategically positioning equipment within the region for utility at numerous fishing ports, transport of gear, equipment storage, travel logistics, gear maintenance, seasonability of samples and sampling, dock work to research landings, communication with observers in the field to target samples, supporting observers in the field, and communication and relationships with regional dealers. The Contract shall include these logistics in the Project

Management Plan.

The following items define the operational services to be provided by the Contractor under this contract.

C.4.2.2 Observer Recruitment and Retention Requirements

The recruitment and retention of fully qualified observers is essential to successful performance under the contract. Observers shall be employees of the Contractor. The

Contractor shall provide a sufficient number of qualified observers to complete the sea day coverage requirements.

The Contractor’s Recruitment and Retention Plan is incorporated herein and shall be updated annually or more frequently if necessary. The Contractor shall manage its observers to retain experienced observers and recruit new observers as necessary. The

Contractor is encouraged to provide incentives for superior performance demonstrated by their work force. NEFOP observers are expected to remain as active observers or serve in other capacities directly related to the NEFOP or for at least one (1) year after training.

The Contractor is strongly encouraged to provide a detailed description of incentives that encourage retention and superior performance demonstrated by their workforce such as bonus structures for high quality data collection, sea day accomplishment, observer trip flexibility, on-call status, mentorship programs, well-being support, etc. The COR should be informed of any updates to these programs within two weeks of implementation. The

Contractor shall provide an updated recruitment and retention plan if twenty-five (25) percent or more students from a training class exit the program prior to serving as an observer for six (6) months. At least ninety-five (95) percent of new observer recruits are expected to pass the required training course (Section 4, Attachments, Training and

Program Standards) and the required physical examination (Section 4, Attachments, Training and Program Standards).

C.4.2.3 Eligibility Requirements

C.4.2.3.1 Educational Qualifications

Observers must possess the minimum educational and experience requirements and specific psychological and physical qualities cited in the Minimum Observer

Qualifications for educational requirements (Section 4, Attachments, NOAA

Fisheries Observer Eligibility Requirements).

C.4.2.3.2 Non-Conflict of Interest

Section 4, Attachments, Training and Program Standards.

C.4.2.3.3 Physical/Medical Condition

C.4.2.3.4 Communication Skills

Observer candidates must be able to clearly and concisely communicate verbally and in writing in English.

C.4.2.3.5 Citizenship or Ability to Work Legally in the United States

Observer must be a U.S. Citizen, or a non-citizen who has a green card, TN

Authorization, H1-B Visa, or valid work visa, and a social security card.

C.4.2.3.6 Statement of No Criminal Conviction

C.4.2.3.7 CPR and First Aid Requirements

Observers shall obtain and maintain current certification for CPR by the American

Red Cross or American Heart Association (AHA) or other as approved by the COR.

Completion of a basic First Aid class is also required before the start of training. A copy of CPR and First Aid certification(s) for all observers will be provided to

NOAA Fisheries seven (7) calendar days prior to the first day of training and annually thereafter unless the certification is good for two (2) years. In that case, a copy of the CPR and First AID certification(s) should be provided to NOAA

Fisheries every two (2) years.

C.4.2.3.8 Observer Standards of Conduct

At sea, observers work in a self-supervised capacity and shall maintain high standards of conduct. Observers shall maintain a professional, objective demeanor at all times. Observers may be subject to random drug testing by their employer or by the U.S. Coast Guard as a result of an investigation. Observers should not volunteer or agree to submit to a drug test at the request of a fishing vessel owner or operator. Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, etc.) when visiting or working at

Government facilities. The Contractor shall ensure Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the Department of Commerce. The Project

Manager shall ensure that Contractor employees understand and abide by

Department of Commerce established rules, regulations and policies concerning safety and security. Observers shall comply with these standards and those set forth in the Standards of Conduct (Section 4, Attachments, Training and

Program Standards.

C.4.2.4 Observer Duties and Data Collection Requirements

(a) General Observer Duties and Data Collection Requirements – Fishery Observer I, II, and III

Observers shall collect scientific, management, compliance, and other data at sea through interviews of vessel captains and crew; observations of fishing operations; sampling catch;

measuring representative portions of the catch and fishing gear; photographic images, and collecting samples. Observer coverage is mandated by a number of statutes and is an integral part of the regulations. These authorities empower the observer to perform certain functions aboard vessels as well as afford protection to the observer against interference and intimidation in the course of performing his/her duties.

i. Observers shall arrive at the dock one (1) hour prior to the scheduled departure time to allow for sufficient time to locate the vessel, unload sampling gear, and find appropriate parking.

ii. Observers shall collect biological samples from the catch of fisheries according to detailed procedures in the Observer Operations Manual, the Observer Data Entry Manual, and the On Deck Reference Guide. These data include those collected once per deployment; those collected with each change of fishing gear; those collected at the beginning and end of each tow; and those collected during the deployment cruise. These data are recorded electronically and on data sheets provided by NOAA Fisheries.

(b) Observers shall collect data on fishing effort, location, retained catch and discarded catch for each gear deployment that occurs while the observer is aboard the vessel. The

Observer Data Entry Manual describes data collection protocols for gear deployment that the observer sees as well as those not observed.

(c) Observers shall collect length measurements, age, and biological samples from segments of the catch. Observer protocols, priorities, and data/sample collection procedures are detailed in the Observer Data Entry Manual.

(d) Observers shall collect information on any incidentally captured sea turtles, including, but not limited to, location of take, biopsies, measurements, photos, videos, and any other information. Observers shall also collect information on any marine mammals, seabirds, or other protected species interactions. When dead fresh protected species are caught, the primary responsibility of the observer shall be to communicate with the captain that retention of whole animals is preferable. If animal retention is not an option, observers shall properly handle, sample, and release animals according to Fisheries Monitoring and

Research Division (FMRD) protocols as outlined in the Observer Operations Manual or

FMRD memos. Protected species encountered alive should be handled with extreme care. If proper sampling techniques are not possible, observers should collect all possible data fields and release the animal in a way that reduces the risk of further interaction and harm.

(e) Observers shall participate in additional sampling requests as required. Additional sampling requests occur periodically and support scientific research and management initiatives. NEFOP observers are oftentimes the only source available to collect such information. NOAA Fisheries will notify the Contractor of additional sampling requests through official memos or email communication.

(f) Observers shall participate in all training, briefings and debriefings as required by the

COR. NOAA Fisheries will perform all trip debriefings of the observers to ensure that the data collected is complete and as accurate as possible before computer audits are run.

Debriefing also provides feedback to the observer to address data errors. Debriefings shall occur on a regular basis and as frequently as possible, such as by email or phone for every selected trip and in person as required. Observers are expected to bring in all assigned gear for training and debriefings.

(g) All observers shall complete a self-certified pre-brief on the NOAA Fishery Portal.

http://www.nefsc.noaa.gov/fsb/manuals/2016/Operations_Manual.pdf) http://www.nefsc.noaa.gov/fsb/manuals/2016/On_Deck_Reference_Guide.pdf)

(h) Monitoring Portal prior to making a trip in a fishery or program covered for the first time, if it has been greater than thirty (30) days since the observers last deployment on a gear type, or if specifically requested by an FMRD staff member. Observers shall participate in bi-annual in-person debriefings. Observers shall meet with a data end user during the bi-annual in-person debrief. While it is NOAA Fisheries’ intent to host in-house debriefings bi-annually for each observer, NOAA Fisheries reserves the right to delay or suspend debriefings when necessary. Observers shall bring in all assigned gear for training and debriefings. Remote debriefings are allowed, if approved by the COR.

Debriefings shall consist of but are not limited to:

1) Reviewing sampling methods and answering observer questions;

2) Reviewing preliminary data;

3) Correcting any data errors;

4) Reviewing any other past errors or changes in sampling techniques or recorded on forms;

5) Reviewing any logistical problems or concerns encountered by the observer;

6) Testing observer ability to adhere to sampling protocols;

7) Checking gear calibration and general maintenance; and

8) Providing the observer with any updates on modifications to sampling procedures or other program information.

Observers who encounter captains or vessels’ owners operating in fisheries requiring mandatory observer coverage that refuses to accept the observer on their vessel for deployments when selected for observer coverage shall provide documentation of the refusal to NOAA Fisheries. This documentation shall be provided via NOAA Observer Web Portal incident report within twelve (12) hours of the event. This documentation shall be of sufficient substance and detail to be usable for NOAA Fisheries enforcement actions.

Narrative shall be provided to completely answer the following guideline questions: who, what, when, and where.

(i) Observers are required to report any incidences as outlined on the incident report

(Section 4, Attachments, Incident Report Form). Observers are also required to document any and all concerns or issues that occur while acting in the official capacity as an observer. Concerns or issues include, but are not limited to; sexual assault, assault, captain did not show to vessel at arranged time, concerns about safety, injury or death of crew member, difficulty in setting up trip, discard of legal sized groundfish, drug/alcohol use of concern, failure to provide equal accommodations, failure to provide reasonable assistance, fire, flooding, gear tampering, gear theft, grounding of vessel, sexual harassment, harassment, injured observer, interference, intimidation, MARPOL violations, notification non-compliance (non-PTNS trips), other PTNS non-compliance, refusal, safety deficiency, stability concerns, or unsafe vessel operation. All incidents shall be reported on the Incident Report Form in the NOAA Observer Web Portal. All incidents must be reported within twelve (12) hours after the incident occurred or within twelve (12) hours of landing, depending on which is applicable.

(j) Observers may be asked to perform various program support tasks such as: industry outreach activities, industry meetings, annual organizational conferences, observer training sessions, port orientations (Section 4, Attachments, Port Orientation

Program), reconnaissance, or other research project needs. Each observer shall attend at least one (1) day of at least one (1) Fishery Council Meeting each year in their assigned area. The Contractor shall invoice NOAA Fisheries separately for these hourly costs and travel costs in accordance with the established Contract Line Item Number(s).

Observers may attend one (1) meeting such as the American Fisheries Society or the

Maine Fishermen’s Forum for up to two (2) days in duration to conduct outreach on behalf of the program or present information at the meeting related to the program, if approved by the COR (remote or in person) for the purposes of end user and public engagement.

The Contractor shall assist the Government in communicating and educating the fishing industry, vessel permit holders, owners, and captains about why the Government places

Observers onboard fishing vessels, how Observer Programs operate, how priorities of

Observer coverage are determined, and why it is in the industry’s best interest to support the FMRD’s NEFOP. In addition, the Contractor shall provide outreach to industry on the

NOAA Fisheries sea day schedule and fleet specific sea day requirements. The Contractor shall also provide outreach to vessels on NOAA Fisheries and USCG vessel safety requirements and shall assist deficient vessels in becoming safety compliant prior to scheduling an observer deployment whenever possible.

Upon request by NOAA Fisheries, observers shall participate in round table events in the field with FMRD and NOAA’s Office of Law Enforcement (OLE) to inform the

Government in real time of programmatic challenges or issues with industry adhering to

MSA prohibitions in the field. The Contractor shall provide at least one representative to participate with the Government in at least one meeting with OLE or their representatives annually. Meetings may be held in high frequency ports as determined by the Government, in advance of the meeting.

(k) Observers shall periodically send in the whole animal or take a photo of all species encountered that are a part of the Species ID Verification Program to NOAA Fisheries to meet quarterly requirements (Section 4, Attachments, Species Verification Program).

Failure to do so may result in an observer’s change in status (i.e., priority, probation, and decertification).

(l) Observers will be issued a noaa.gov e-mail address and will be required to complete the

NOAA IT Security Awareness Course every year and provide NOAA Fisheries with the certificate of completion. The observer must complete this course within a given timeframe as dictated by current procedures. The current IT Course is generally posted within three (3) days of account creation. The course is posted on NOAA Commerce Learning Center website (https://doc.csod.com/client/doc/default.aspx) and is due within seventy-two (72) hours of posting. Certificates of completion will be sent to the Observer’s Contractor Point of

Contact and FMRD staff. Observers shall be expected to use the noaa.gov email address as primary email and communication with NOAA Fisheries staff. It is important that this noaa.gov account remains active to avoid time consuming password resets. As such, observers shall be expected to log into the noaa.gov email address daily during the week while on land for updates and correspondence.

(m) Upon successful completion of training, FMRD will issue each new observer an identification (ID) badge identifying them as a NOAA Fisheries Observer and a Letter of

Introduction (LOI) describing their role and general responsibilities. Both the ID badge and

LOI should be carried by the observer whenever operating in an official capacity. If a replacement ID badge and/or LOI is required due to damage or loss, the Contractor or observer must contact the Training & Data Quality Branch, Training Program Manager at their earliest convenience. Observer ID badges must be returned to the program on the date of their exit from the program.

(n) Fishery Observer I – Performance Requirements and Labor Category Definition. The

Fishery Observer I shall meet and perform all the General Requirements specified in C.4.3.2 and the following:

1. Performs routine tasks associated with recurring and continuing work according to prescribed or established procedural standards and technical methods assigned.

2. Assures that tasks completed, data developed, and methods used in securing and verifying data are technically accurate and in compliance with instructions and established procedures.

3. Makes estimates of amounts and species composition of fish caught, retained, and discarded, using at a minimum, simple, single stage sampling techniques and dichotomous keys.

4. Collects biological samples from the catch of various fisheries including but not limited to, longline, trawl, gillnet, dredge, pot, rod and reel, harpoon, seine, weir and pound net fisheries according to detailed program and gear specific procedures.

5. According to established standards and detailed procedures, records data on appropriate forms and logs, some of which may be electronic.

6. Maintains field equipment and supplies.

7. Collects scientific, management, and compliance information, and makes observations of fishing operations.

8. Uses and completes a pre-trip vessel safety checklist (PTVSC).

9. Measures selected portions of catch including incidentally caught marine mammals, sea birds, sturgeon, and sea turtles.

10. Tags species of interest including, but not limited to, sharks, tunas, sablefish, spiny lobsters, swordfish, sturgeon, and sea turtles as applicable.

11. Uses calculator and/or PC for calculations and recording data.

12. Obtains, enters and transfers data electronically.

13. Obtains and records information on gear characteristics of fishing gear types while working either onboard vessels, on an alternative platform, or at a shore-based facility.

14. Uses interpersonal and communication skills to contact fishermen and schedule observer sampling trips.

15. Observes and documents compliance with fishery regulations, and writes affidavits as required.

16. Observers shall document and report all incidents (see Section C.4.2.3, (g)) and U.S. Coast Guard enforcement boardings in the NOAA Observer

Web Portal in accordance with the required timelines.

(o) Fishery…