APO Letters and Communications
Letters written by the APO, and their responses, regarding various Observer Programs.
Alaska
West Coast & Hawaii
- West Coast Groundfish Observer Program
- At-Sea Hake Observer Program
- Southwest Region Observer Program
- Hawaii Longline Observer Program
- Southeastern Shrimp Trawl Observer Program
- Southeastern Shark Gillnet Observer Program
- Southeast Pelagic Longline Observer Program
National
Alaska Groundfish Observer Program (starting from most recent)
- APO Comments in response to regulations to further remove NMFS from obligations toward observer conduct (in the Federal Register, proposed rule RIN 0648-AW24)
- Letter to Sue Salveson - October 11, 2002
- commenting on Proposed Rule to extend North Pacific Observer Program through 2007.
- Federal Register notice - NMFS Requests Input on 2003 Observer Drug & Alcohol Policy
Rob Swanson and Brian Mason have been tasked with developing and writing the Drug and Alcohol Policy for the NPGOP. They would like the input of observers, specifically regarding the definitions of "on duty" and "impaired". What are fair and reasonable expectations of the Observer Program in regard to Observers not only in the field but also throughout their contract? Please contact them at:
- Rob Swanson Rob.Swanson@noaa.gov PH: 907.271.1697
- Brian Mason Brian.Mason@noaa.gov PH: 206.526.4227 - Preliminary comments from APO
- Summary of additional questions from Observer Survey
- Letter to North Pacific Council Chair, Dave Benton - April 7, 2002
- commenting on NMFS EA/RIR for 2003 observer program regulatory changes - Letter to North Pacific Council Chair, Dave Benton - January 31, 2002
- commenting on NMFS Proposed regulations for the 2003 observer program. - Letter to NMFS Alaska Regional Administrator, James Balsiger - January 25, 2002
- supporting the adoption of official Goals and Objectives for the North Pacific Groundfish Observer Program - Letter to Dan Ito - October 17, 2001
- regarding progress on Management Control Reveiw recommendations - Comments on the Programmatic Supplemental Environmental Impact Statement:
- Scoping - 12-15-1999
- Public Testimony - 3-29-2001
- Written comments on draft - 7-25-2001
- Letter to Dan Ito-July 25, 2000
- supporting the recommendations of the MRAG report - Letter to Dan Ito-May 9, 2000
- re: allowing prior observers in good standing who need to re-train due to a lapse in certification but who do not meet the statistics requirement and also to expand the stats requirement to include courses that utilize statistics but are not formally named "statistics". - Letter to Dan Ito-September 28, 1999
- Letter to NMFS Alaska Regional Administrator, Steve Pennoyer-February 5, 2000
- NMFS Response
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Alaska Marine Mammal Observer Program
- Letter to Amy Van Atten - October 25 , 2001 regarding progress on Management Control Reveiw recommendations.
- NMFS Response
West Coast Groundfish Observer Program
At-Sea Hake Observer Program
- Letter to Elizabeth Clark - October 25 , 2001
- regarding progress on Management Control Reveiw recommendations.
- NMFS Response
Southwest Region Observer Program
- Letter to Don Petersen- October 25 , 2001
- regarding progress on Management Control Reveiw recommendations.
Hawaii Longline Observer Program
- Letter to Kevin Busscher- October 25 , 2001
- regarding progress on Management Control Reveiw recommendations.
- NMFS Response - letter regarding contractor selection for HLOP:
From APO Responses 7-14-2000 Dalton to APO 8-28-2000 9-7-2000 Representative Mink to Dalton - 9-25-00
Dalton to Mink 11-17-200011-20-2000 12-7-2000
Southeastern Shrimp Trawl Observer Program
- Letter to Elizabeth Scott-Denton - October 25 , 2001
- regarding progress on Management Control Reveiw recommendations.
- NMFS Response
Southeastern Shark Gillnet Observer Program
- Letter to John Carlson - October 25 , 2001
- regarding progress on Management Control Reveiw recommendations.
- NMFS Response
Southeast Fisheries Science Center Pelagic Observer Program
- Letter to Dennis Lee & Cheryl Brown - October 25 , 2001
- regarding progress on Management Control Reveiw recommendations.
- NMFS Response
Northeast Groundfish & Shellfish Observer Programs
- APO inquiry for the clarification of Amendment 16 observer related issues
- Letter to Jane Lubchenco - January 6, 2010; and Cc List
-opposing the creation of the NE At-sea Monitors Program to monitor catch share fisheries with lower standards than existing observer program.
- Letter to Patricia Kurkul - September 10, 2007
- regarding proposed rule to modify observer regulations allowing multi-provider system.
-See NMFS response to our letter in the final rule authorizing a multi-provider system, January 28, 2008 - Letter to David Potter - October 25, 2001
- regarding progress on Management Control Reveiw recommendations.
- NMFS Response - Letter to NERO and NEFSC - December 29, 2009
United States National
- APO Statement to the House Natural Resources Committee on the next Reauthorization of the Magnuson-Stevens Act, 13 March 2013.
- Letter to Bill Hogarth - March 10, 2004
- regarding 11/13/03 Memo on application of the FLSA to observers - his response to the APO on 4/21/04. - Comments on Federal Observer Compensation Act - Sept. 2002:
- In late July, the National Observer Program solicited comments on draft legislative language that establishes an alternative observer compensation plan for work-related injuries. The plan is intended to provide to:- Providing first party compensation coverage to observers in the event of injury or death,
- Re-assurance to vessel owners that liability for negligence will be held to a minimum,
- One stop coverage for land and sea based duty stations,
- Coverage that would provide protection while en route to and from all assigned duty stations,
- Cost benefits to the Federal government through the reduction of redundant insurance coverage.
- APO consulted with Tim McHugh, a lawyer who participated in the NOP's 2001 Insurance & Liability workshop, to assist us with comments on the draft legislation. (excerps from email below)
There are two major areas of concern.
The primary issue is the potential loss of remedies now available under state worker's compensation for non-work related disabilities incurred by observers on standby through illness or injury . I think NOAA needs to provide a comparative table of remedies available under FOCA and state comp to demonstrate why "the LHWCA model is much better suited to provide observers superior benefits and procedural rights, . . ." White Paper, at 5.
The second major area of concern is that observers would have no right to sue a vessel owner under Section 905(b) of the LHWCA. My comments on this issue are contained in Footnote 16 to the White Paper.
I have tried to explain the Jones Act and how it works in comments to the text, and have tried to provide a better definition for the scope of FOCA's application through the definition of "fisheries observer."
Kim and I look forward to working with you and your office in continuing to improve observer remedies.
- APO FOCA comments and Whitepaper Comments - Letter to Vicki Cornish - January 7, 2002
- regarding status of Dept of Labor & Dept of Commerce determination of application of the Service Contract Act to observers in the Alaska & West Coast Observer Programs.
- Response - Letter to Vicki Cornish - 10-25-01
- regarding progress on Management Control Review recommendations.
NOAA Headquarters
Letter to NOAA about the new confidentiality rules in the MSA
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