Office for Law Enforcement

VMS Guidelines For
IPHC Area 4 Halibut Clearance Exemption

Updated 5/19/03

1) IPHC VESSEL CLEARANCES

Q: What are vessel clearances?

A: Vessel clearances have been required by the International Pacific Halibut Commission (IPHC) since the 1960's to discourage illegal fishing and false reporting of catch harvested in IPHC Area 4. Because of the great distances involved in the Bering Sea and Aleutian fishing areas, reduced levels of enforcement presence, and marginal weather, IPHC vessel clearances continue to be a very important compliance tool to discourage illegal fishing and promote accurate catch reporting. The operator of any vessel that fishes for halibut in Areas 4A, 4B, 4C, or 4D must obtain an IPHC vessel clearance before fishing in any of these areas, and before the landing of any halibut caught in any of these areas, unless specifically exempted by regulation. There are several exemptions but the one to be discussed here is the "Vessel Monitoring System (VMS) Exemption" which is administered by the NOAA Fisheries Office for Law Enforcement (OLE).

2) VMS EXEMPTION

Q: How does VMS exempt me from the IPHC Area 4 vessel clearance requirement?

A: Any vessel that carries a transmitting VMS transmitter while fishing for halibut in Area 4A, 4B, 4C, or 4D, and until all halibut caught in any of these areas is landed, is exempt from the IPHC Area 4 vessel clearance requirements, provided that the vessel operator properly registers the VMS transmitter with OLE.

3) OBTAINING A VMS TRANSMITTER

Q: How do I obtain a VMS transmitter?

A: VMS units are commercially available from marine electronics vendors. Obtain a NOAA-approved VMS transmitter and have it installed onboard your vessel in accordance with the instructions provided in the manufacturer’s instruction manual. See the Frequently Asked Questions About Vessel Monitoring Systems (VMS) page for more information.

4) INITIAL VMS TRANSMITTER REGISTRATION (One time only)

Q: How do I register a VMS transmitter?

A: After installation, you must register your VMS transmitter with the Juneau OLE VMS office so we can make sure it’s working. You only need to register a VMS transmitter one time. If you replace the VMS transmitter with a new unit, you must register again.

Step 1 - Fax a completed VMS Fax registration form to OLE at 907-586-7703. The form requires the following information: date, vessel name, Federal fisheries permit number, contact person name & phone number, and VMS transmitter ID. The VMS Fax Registration form can be obtained from any OLE office or the OLE home page: http://www.nmfs.noaa.gov/ole/ak_vmsfax.pdf

Step 2: Call the Juneau OLE VMS office at 907-586-7225, Monday through Friday, between the hours of 0800 ALT (Alaska Local Time), and 1630 ALT, at least 72 hours before leaving port with your new VMS transmitter and receive confirmation that the transmissions are being received. This only needs to be done once if it’s functioning properly.

5) NOTIFY ENFORCEMENT BEFORE EACH FISHING TRIP IN AREA 4

Q: How does the vessel operator notify OLE?

A: The operator of the vessel must submit a VMS Check-out report to OLE, by telephone, at 800-304-4846 (select option 1 to speak to an OLE Data Clerk) between the hours of 0600 and 0000 (midnight) local time before each halibut fishing trip in Area 4A, 4B, 4C, or 4D. The OLE Data Clerks will need the following information: vessel’s ADF&G number, vessel’s name, date you intend to start fishing, and the names of the vessel operator and the caller (if different than the vessel operator). The OLE Data Clerks will then give the caller a VMS confirmation number. Coincidentally, these are the same OLE Data Clerks who receive the IFQ prior notice of landing reports (PNOL) from fishermen. Also, please do not confuse the VMS confirmation number they give you with the PNOL confirmation numbers issued for IFQ landings. Make a note of your VMS confirmation number, as this is your documentation you submitted your VMS Check-out report to OLE notifying them of your intent to utilize the VMS exemption from the IPHC vessel clearance requirements.

6) OPERATION OF VMS TRANSMITTER

Q: What are some of the rules for operating the VMS transmitter and being exempt from the IPHC vessel clearance requirements?

a) You must begin VMS transmissions before fishing and continue them until after all halibut, which were caught in the IPHC area that would have otherwise required an IPHC vessel clearance, have been offloaded from the vessel. Your telephone Check-out report tells OLE when to start monitoring your trip, then your PNOL tells OLE when you will land. After all halibut have been offloaded, you can cease VMS transmissions until your next fishing trip in any IPHC Area 4.

b) If you become aware the VMS transmitter is not operating or you are informed by NOAA staff or an authorized officer that OLE is not receiving position reports from the VMS transmitter, your vessel is no longer exempt from the IPHC Area 4 vessel clearance requirement. You must contact OLE and seek instructions.

(c) Make the VMS transmitter available for inspection by NOAA personnel, NOAA observers or commissioned, warrant, or petty officer of the United States Coast Guard and any person accompanying and acting under their direction.

(d) Ensure that the VMS transmitter is not tampered with, disabled, destroyed or operated improperly.

(e) Pay all charges levied by the communication service provider.

7) REPLACING THE VMS TRANSMITTER

Q: What if I replace a VMS transmitter?

A: If you wish to replace a VMS transmitter, you must follow all the procedures described above for obtaining a VMS transmitter, registering it, and notifying OLE again.

8) OTHER EXEMPTIONS TO THE IPHC AREA 4 VESSEL CLEARANCE REQUIREMENTS

Q: What are the other exemptions to the IPHC Area 4 vessel clearance requirements?

A: These exemptions are listed in Section 15 of the IPHC regulations.

9) FISHING IN MULTIPLE REGULATORY AREAS

Q: Does operating a VMS transmitter allow me to possess on board a vessel halibut caught in more than one multiple regulatory area?

A: No. Operating a VMS transmitter does not substitute for having an observer on board and separating halibut caught from different regulatory areas on your vessel. See Section 18 of the IPHC regulations for these requirements.

10) REGULATIONS

Q: Where are the regulations governing the IPHC Area 4 Vessel Clearances and the VMS exemption?

A: In two places as follows:

a) 2003 IPHC regulations section 15: http://www.fakr.noaa.gov/frules/fr10989.pdf

b) General VMS regulations 50 CFR 679.28(f)(3), (4) & (5): http://www.fakr.noaa.gov/regs/default.htm

11) VMS CONTACTS

Juneau OLE VMS Office: 907-586-7225, Fax 907-586-7703

Dutch Harbor OLE: 907-581-2061

VMS Fax Registration form: http://www.nmfs.noaa.gov/ole/ak_vmsfax.pdf

See Frequently Asked Questions About VMS (Vessel Monitoring Systems) for more information.

Please check this page frequently for updates.