APO Letters and Communications
Letters written by the APO, and their responses, regarding various Observer Programs
APO has provided official statements and letters to state, federal and international agencies on a variety of issues concerning agency policies that impact monitoring programs and observers. We have also on occasion written official letters on behalf of the welfare of individual observers when it appears that outside intervention is necessary.
Alaska
North Pacific 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
- Preliminary comments from APO
- Summary of additional questions from Observer Survey
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
- 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 Review 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
Alaska Marine Mammal Observer Program
- Letter to Amy Van Atten – October 25 , 2001 regarding progress on Management Control Review recommendations.
West Coast & Hawaii
West Coast Groundfish Observer Program
At-Sea Hake Observer Program
- Letter to Elizabeth Clark – October 25 , 2001
- Regarding progress on Management Control Review recommendations
- NMFS Response
Southwest Region Observer Program
- Letter to Don Petersen- October 25 , 2001
- Regarding progress on Management Control Review recommendations
Hawaii Longline Observer Program
- Letter to Kevin Busscher- October 25 , 2001
- Regarding progress on Management Control Review 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 11-17-2000
11-20-2000
12-7-2000
Southeast
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
Northeast Groundfish & Shellfish Observer Programs
- Letter to David Potter – October 25, 2001 regarding progress on Management Control Reveiw recommendations.
– NMFS Response - 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 NERO and NEFSC – December 29, 2009 – APO inquiry for the clarification of Amendment 16 observer related issues
- Letter to Jane Lubchenco – January 6, 2010; (Cc List) opposing the creation of the NE At-sea Monitors Program to monitor catch share fisheries with lower standards than existing observer program.
- APO comments to Amendment 16 NMFS proposed rule
National (United States)
National Observer Program
- 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:
- DRAFT FOCA language and Whitepaper providing background information
- 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 (excerpts 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.
Kim and I look forward to working with you and your office in continuing to improve observer remedies. - APO FOCA comments and Whitepaper Comments
- 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.
- 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:
- 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 calling for more transparency of observer information – October 21, 2012
International
Western and Central Pacific: Regional Observer Programmes
- 2-6 Dec 2012: APO Position Statement for the Regular Session of the Western and Central Pacific Fisheries Commission Regular Session held in Manila, Philippines
- 6 Nov 2013: APO signed on to a letter to the Western and Central Pacific Fishery Commission regarding a need for increased transparency and access to meetings and information