Observer notification form

NMFS Observer Programs' Information That Can Be Gathered Only Through Questions

SHX_Notification Letter_Page1 2016

Southeast Shark Fishery Observer Program

OMB: 0648-0593

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United States Department of Commerce

National Oceanic and Atmospheric Administration

National Marine Fisheries Service

Southeast Fisheries Science Center

3500 Delwood Beach Rd

Panama City, FL 32408

December 22, 2016


MISS MAGGIE FL9037RX

CAMPO, DAVID SCOTT

11486 64TH AVE

SEMINOLE, FL, 33772-6615


Dear Permit Holder:


This letter is to inform you that your vessel, MISS MAGGIE, FL9037RX, has been selected to carry an observer between October 1st and December 31st, 2016 if fishing using bottom longline or other hook and line gear pursuant to 50 CFR Part 635.7 (c). Upon receipt of this letter, you are required to contact the observer coordinator to make arrangements to carry an observer. Please provide the following information: 1) Departure information (port, dock, expected fishing dates); and 2) Date of issuance (month and year) of Commercial Fishing Vessel Safety Examination Decal.


Please understand that you are required upon receipt of this letter to contact the observer program regardless of target, whether you intend to fish or if have sold your vessel:

Alyssa Mathers, Observer Coordinator or Bethany Deacy, Assistant Coordinator

National Marine Fisheries Service National Marine Fisheries Service

Southeast Fisheries Science Center Southeast Fisheries Science Center

3500 Delwood Beach Rd 3500 Delwood Beach Rd

Panama City, FL 32408‑7403 Panama City, FL 32408‑7403

Phone: (850) 234‑6541 ext. 226 Phone: (850) 234‑6541 ext. 260

Fax: (850) 235‑3559


As the owner or operator of a vessel that is selected for observer coverage, under 50 CFR Part 635.7 (c), you must notify the National Marine Fisheries Service (NMFS) before commencing any fishing trip, regardless of the species you are targeting, at least 48 hours prior to each trip.

Vessels are selected randomly from a pool of vessels that (1) have a current directed shark permit, (2) reported fishing with bottom longline gear in 2016, and (3) have not been selected concurrently for each of the past three selection periods. Please note that vessels that have been excused from participating by the observer coordinator in previous years or seasons are not automatically excused from participating in the coming season.

All selected vessels must contact the observer coordinator.


Once a NMFS-certified observer is placed aboard your vessel, you are required to:


1. Provide the observer with accommodations and food equivalent to that provided to the crew (you will be reimbursed for reasonable food costs);

2. Allow the observer access to and use of the vessel's communication equipment and personnel for transmitting and receiving messages related to the observer's duties;

3. Allow the observer access to and use of the vessel's navigation equipment, charts, and crew to determine the vessel's position;

4. As provided by 50 CFR 229.7 (b), allow the observer free and unobstructed access to all fish, marine mammals, and sea turtles aboard the vessel for purposes of collecting measurements, weights, and biological samples. This will also include access to the vessel's bridge, working decks, holding bins, weight scales, holds, and any other space used to hold, process, weigh, or store fish;

5. Allow the observer to inspect and copy the vessel's log, communications logs, and any records associated with the catch and distribution of fish for that trip; and,

6. Have or obtain a Commercial Fishing Vessel Examination decal prior to the selection period. Failure to obtain a safety decal is not justification for fishing without an observer, and may result in enforcement action. A list of phone numbers for approved Commercial Fishing Vessel Examiners is included at the end of this letter. All safety equipment must be up to date including the EPIRB battery, life raft, and flares. Life raft capacity must be large enough for all persons on board, including all crew plus the observer.


Please be aware that should an incidental take of a marine mammal or sea turtle occur during a trip with an observer onboard your vessel, the observer may be required to contact shore based personnel associated with the Protected Resources Stranding Network for specific instructions.


The observer is onboard to collect data only; for safety and liability reasons, the observer cannot take part in any fishing operations.


We appreciate your cooperation with the above requirements; for our part, we will make every effort to minimize any disruption of the normal activities of your vessel and crew.


Once again, thank you for your cooperation, without which collection of this critical information would not be possible.


Sincerely,



Guy Davenport

Director, Panama City Laboratory


Enclosures


PAPERWORK REDUCTION ACT STATEMENT: Information collected through the observer program will be used to: (1) monitor catch and bycatch; (2) understand the population status and trends of fish stocks and protected species, as well as the interactions between them; (3) determine the quantity and distribution of net benefits derived from living marine resources; (4) predict the biological, ecological, and economic impacts of existing management actions and proposed management options; and (5) ensure that the observer programs can safely and efficiently collect the information required for the previous four uses. In particular, the observer program provides information that is used in analyses that support the conservation and management of living marine resources and that are required under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Endangered Species Act (ESA), the Marine Mammal Protection Act (MMPA), the National Environmental Policy Act (NEPA), the Regulatory Flexibility Act (RFA), Executive Order 12866 (EO 12866), and other applicable law. Most of the information collected by observers is obtained through “direct observation by an employee or agent of the sponsoring agency or through non-standardized oral communication in connection with such direct observations". Under the Paperwork Reduction Act (PRA) regulations at 5 C.F.R. 1320.3(h)(3), facts or opinions obtained through such observations and communications are not considered to be "information" subject to the PRA. The public reporting burden for responding to the questions that observers ask and that are subject to the PRA is estimated to average 40 minutes per trip, including the time for hearing and understanding the questions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: National Marine Fisheries Service, F/SF1, 1315 East West Highway, Silver Spring, MD 20910. Providing the requested information is mandatory under regulations at 50 C.F.R. 600.746 for the safety questions and at 50 C.F.R. Part 622.8, 50 C.F.R. 229.7, and 50 C.F.R. 222.401 for the other questions. All information collected by observers will be kept confidential as required under Section 402(b) of the MSA (18 U.S.C. 1881a(b)) and regulations at 50 C.F.R. Part 600, Subpart E. Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid OMB Control Number. This is an approved information collection under OMB Control No. 0648-0593 through 10/31/2018.



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