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Northwest VMS - Compliance Guide for Pacific Coast Ground Fishery VMS Program

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Northwest Division
  Compliance Guide
  Declaration Requirements
  Gear Declaration Categories
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  Final Rule


Declaration Reports

Who must send declaration reports?
Limited entry vessels with trawl endorsements, and open access or tribal vessels using trawl gear are required to send a declaration report before the vessel is used to fish in any trawl RCA or the CCAs in a manner that is consistent with the requirements of the conservation areas. Limited entry vessels with longline and pot endorsements, must send a declaration report before the vessel can be used to fish in any non-trawl RCA or the CCAs.

When are declaration reports required?
Declaration reports must be submitted before the vessel leaves port on the trip in which it’s used to fish in an RCA or a CCA.

How long are declaration reports valid?
A declaration report will be valid for that gear on that vessel until a new declaration report is received by NMFS or until a declaration report to cancel fishing in a conservation area is received by NMFS Office of Law Enforcement (OLE).

When do I cancel or revise a declaration report?
A declaration report needs to be cancelled when a new gear type that is no longer consistent with the RCA requirements will be used by the vessel. A declaration report needs to be revised before leaving port on a trip in which the a new gear type is going to be used to fish in an RCA or the CCA in a manner that is consistent with the requirements.

How do I submit a declaration report?
Declaration reports will be submitted by using an Interactive Voice Response (IVR) phone-in system. The phone-in system, can be accessed by dialing 1-888-585-5518, toll-free. The caller is asked a series of questions and uses the touch-tone key pad on the phone to respond. The phone-in system allows vessel operators to submit their report 24 hours a day.

With a phone-in system, what proof will I have that I sent a declaration report?
The phone-in system will provide a confirmation number that can be used to verify a report was sent.

What does NMFS require in a declaration report?
NMFS has prepared an example worksheet to help callers organize report information. A copy of this worksheet can be printed from the NMFS Northwest Region web page listed on the back of this brochure.


Vessel Monitoring System (VMS)

Who is required to have VMS?

As of January 1, 2004, VMS requirements affect commercial fishing vessels registered for use with a Pacific Coast groundfish limited entry permit that fishes in state or Federal marine waters off the states of Washington, Oregon, or California.

Which VMS transceiver units and communications service providers can I use?
NMFS OLE tests and approves VMS transceiver units and approves communications service providers. A list of type-approved mobile VMS transceiver units and communications service providers will be published in the Federal Register. A copy of the type-approval notices will be posted on the NMFS Northwest VMS web page. Once this first list is published in the Federal Register, NMFS will notify limited entry permit owners by mail of the type-approved VMS units.

What are the vessel owner’s responsibilities?
The vessel owner’s responsibilities are to install (according to the manufacturer’s instructions) and use a type-approved VMS transceiver unit 24 hours per day; establish a service agreement with a type-approved communication service provider; send an activation report; and if position reports are interrupted, follow NMFS instructions to repair or replace the VMS unit before the next fishing trip.

What if VMS transmissions are interrupted?
When you become aware that transmissions of automatic position reports from your VMS have been interrupted, or when notified by NMFS OLE that position reports are not being received, contact NMFS OLE and follow the instructions provided to you.

Who pays for the costs associated with VMS?
The vessel owner or operator is responsible for purchasing the VMS equipment and paying all charges from the communication service provider to ensure continuous operation of the VMS transceiver units.

Can a VMS transceiver unit be registered to more than one vessel at the same time?
No, a VMS unit may only be registered and used on one vessel.

Can I have a back-up VMS transceiver unit certified and ready to go if the first unit fails to operate correctly?
Yes, but the unit must be certified ahead of time and designated as a back-up unit.


Activation Reports

An activation report is used by NMFS to verify that a type-approved unit was installed correctly aboard a vessel and has been activated. It is also used to match VMS transceiver unit signals with a specific vessel.

Where do I get an activation report and how do I submit it?
The installation / activation reports can be obtained from the NMFS Northwest Region web page http://www.nwr.noaa.gov/1sustfsh/groundfish/VMS/VMS_activation_final.pdf

Due to the need for the owner’s signature, NMFS will use facsimile submission for the installation report. NMFS OLE will accept mailed submissions if the vessel owner prefers this method.


Exemptions

Can I get an exemption from the VMS requirement?
You can get an exemption by sending an exemption report when your vessel will be continuously out of the water for more than 7 consecutive days, or if the vessel is operating in waters further than 200 nautical miles off Washington, Oregon, or California for more than 7 consecutive days.

How do I send or cancel an exemption report?
You will use the same phone-in system used for making declaration reports.


Transiting Provisions

What are the regulatory provisions regarding transiting RCAs and who is affected by them?
Any vessel registered to a limited entry permit with a trawl endorsement may only be in a trawl RCA for the purposes of continuous transit and all groundfish trawl gear must be stowed either 1) below deck; 2) if the gear cannot readily be moved, in a secured and covered manner, detached from all towing lines, so that it is rendered unusable for fishing; or 3) remaining on deck uncovered with the trawl doors hung from their stanchions and the net disconnected from the doors. A limited number of mid-water trawl fisheries identified in groundfish regulations, such as the primary whiting fishery, will be allowed to operate in the trawl RCA. NMFS is also considering a recommendation from the Pacific Fishery Management Council to prohibit drifting within the non-trawl RCA by limited entry vessels with longline and pot gear.



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