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II    FISHERIES OBSERVERS - TERMS OF REFERENCE

2.1  Background

Observers are hired on the basis of their education and work experience and can either be employed directly by a ministry of fisheries or through a third party contractor. They live and work aboard domestic and foreign fishing vessels operating within national exclusive economic or fishing jurisdictions. Individual observer trips normally run from five to twelve days on wetfish trawlers and up to thirty days on large factory vessels. Periods longer than this, although occassionally necessitated by operational demands, are avoided since experience has shown that work quality suffers and that surveillance effectiveness decreases with greater familiarity between observer and crew.

The goals of the Observer Program are two-fold. First, to monitor compliance of domestic and foreign fishing trawlers with fisheries laws as defined in the various national Acts and Regulations. In this regard the observer functions as a “watchdog” in an attempt to ensure that all regulations are adhered to. Since the observer is not granted any law enforcement authority, any actual or suspected violation requires contact with headquarters through the fishing vessel's radio equipment to request that a fishery officer investigate the problem. Prior to the arrival of the patrol vessel, the observer will document the violation as fully as possible in his field diary and include photographs if the situation dictates.

The second goal of the program is to conduct comprehensive biological sampling. Although the scientific information required of the observer varies according to the time of year and the specific fishery then in progress, the basic information involves the monitoring of catches, weight and length measurements, sex studies and gathering of otoliths.

Logistical arrangements for observer embarkation/disembarkation are made by the program coordinator. Normally, the observer will rendez-vous with the assigned vessel in a designated harbour or will be transported to the fishing grounds by a foreign support vessel for transfer to the fishing vessel.

Upon completion of the trip, the observer will meet with program staff for a debriefing at which time problems encountered (if any) will be discussed and recommendations heard. Debriefings entail an assessment of the observer's work and verification that trip briefing requirements have been met. These sessions should not last more than one day.

An extensive training program is given to newly hired observer trainees so that they may better understand their duties and responsibilities. Emphasis is placed on grasping new and unfamiliar material and concepts and every trainee is expected to keep pace with the rest of the group. New observers are expected to acquire an understanding of why fisheries resources are managed and how scientific, economic, sociological and political considerations impact on management decisions. They will learn that if the impetus for fisheries management is the “best use of society's resources”, an effective program consisting of resource assessment and the monitoring and surveillance of fishing activity will be essential.

As new developments in the biological and enforcement requirements come into effect, group mini-training sessions will be conducted to keep personnel as up-to-date and informed as possible. When logistics make group sessions unfeasible, policy changes will be communicated to observers by memorandum with an opportunity provided for discussion.

2.2  Program Objectives

Program objectives are formulated in concert with local conditions, scientific and enforcement priorities, and available financial resources. Based on identified needs within the eastern Canadian Scotia-Fundy Region, the following objectives were developed:

Primary Objectives:

(1)  To maintain an observer presence of between 50% and 100% on all foreign vessels within the coverage area.

(2)  To maintain an observer presence of 10–15% on all domestic groundfish vessels greater than 30 m.

(3)  To gather information on fish stocks and fishing techniques to improve the state of knowledge in the areas of stock assessment, setting of TAC's, population dynamics, gear behaviour, etc.

(4)  To monitor and report on compliance with fisheries acts, regulations, and policies.

(5)  To provide senior management with relevant information necessary in the formulation of sound fisheries policies and regulations.

(6)  To assist the fishing industry when and where possible and to acquaint it with the goals of the observer program.

Secondary Objectives:

(7)  Pollution control monitoring.

(8)  Protection of submerged telecommunication cables.

These objectives are in response to regional concerns and provide a benchmark from which to measure program performance. Observer programs in other areas would of necessity develop their own objectives.

2.3  Observer's Responsibilities

During an assignment to a fishing vessel, a period which can span 5 to 30 days, the observer is assigned various tasks which define two basic responsibilities:

1.  to monitor the fishing vessel's compliance with fisheries regulations respecting areas fished, fishing gears used, authorized fisheries, logbook recording methodology, catch reporting and by-catch restrictions and

2.  to collect and record biological data from representative fish samples, such as age and sex determinations, length/weight measurements, detailed species morphologies, stomach analysis, as well as catch and effort data.

2.4  Observer's Duties

Work requirements assigned to the observer during his briefing session may vary from vessel to vessel, fishery to fishery, and season to season. In most cases, however, the observer will perform some or all of the following functions:

  1. to maintain a line of communication with regional headquarters on a frequent basis (1–2 times per week) using the vessel's communication system,
  2. to obtain trawl specifications and schematics for determining the gear's fishing performance,
  3. to monitor the vessel's overall fishing pattern in relation to sea bottom topography, fleet concentration, fishing strategy of the captain, restrictions imposed by regulations, etc.,
  4. to detail the vessel's processing operations in reference to product types, freezing times, packaging and boxing procedures, manpower usage, mechanization, plant layout, quality control, etc.,
  5. to make periodic checks of the vessel's catch recording methods as defined by regulations,
  6. to describe the vessel's procedure associated with shooting the trawl and hauling back, concentrating on the time factor involved and manpower used,
  7. to randomly sample fish and record scientific observations similar to those described previously,
  8. to randomly weight blocks of fish and/or cartons of fish from different sets and processing operations,
  9. to provide a detailed written report covering work activities assigned for the trip.

2.5  Job Description

A fisheries observer performs duties which are similar to those of both deckhands and officers on board offshore fishing vessels. An observer may help to load stores, take part in life saving drills (fire-fighting, abandon ship and man overboard), aid crew members in securing the ship for sea, and assist in the manning of lines. Once underway it is common for the observer to assist the crew with the trawl and gear maintenance by helping to fill needles with twine, holding and cutting trawl, and helping to re-mark warps.

During the shooting and handling of the trawl, the observer's station is on the bridge. It is his responsibility to record times, co-ordinates and depths for the start and end position of each setting of the gear. This necessitates a thorough understanding of basic navigational practices as well as the operation and use of bridge instruments (Loran C., Satellite Naviation, Omega, depth sounders and recorders etc.) The observer is also required to document bottom types, water temperatures and fishing area. This information is logged along with the corresponding catch data on a set by set basis. Together, this information represents a concise and comprehensive record of the vessel's fishing activities.

Working next to the crew as they rip and gut the catch, the observer samples twice a day. Upon completion of his formal biological duties, the observer on a domestic vessel invariably assists in processing the catch, an activity which gives him further opportunity to make observations on the catch. He may also assist in the culling of by-catch species and in the operation of conveyor belts. Participating in the icing of fish is another activity which he may find useful, as it permits him to monitor hold capacity. Finally it is usual for the observer to help in the cleaning of the fishroom. All these activities help to promote a good working relationship with the crew.

In contrast with domestic trips which originate and terminate in port, foreign deployments usually involve one or more at-sea transfers. They are carried out in small life-boats manned by crewmembers. The captain of the receiving vessel will position his vessel so as to create a lee, permitting the use of a pilot ladder. The observer always has the final say with respect to the undertaking of transfers; his assessment of sea and weather conditions determines whether a transfer will take place.

The monitoring and reporting mandate of an observer requires him to scrutinize the vessel's fishing licence, certificates and trawl schematics. The licence must be examined to ensure its validity and to identify conditions relevant to the fishery being monitored. From vessel certificates the observer must obtain information regarding dead weight, hold capacities, gross registered tonnage, length-over-all, vessel type and the layout and design of the processing area and equipment. Blueprints of fishing gear must also be studied and verified by a physical examination of the gear in order to assess its performance as well as its conformance to fisheries regulations. Vessel and collected in this manner is then submitted as an integral part of the trip report.

A thorough understanding by the observer of basic navigational procedures is of primary importance on board fishing vessels as these ships are obliged to restrict operations to specific areas. The observer is required to establish, maintain and plot accurate positions and collect other set data (independent of the vessel master) at least several times per fishing day. Possessing this information, the observer can monitor vessel compliance with respect to regulations concerning fishing zone transits, zone entry/departure, avoidance of closed fishing areas and exclusion zones (pipelines, oil rigs), and fixed fishing gear. Aboard foreign vessels, he routinely participates in the monitoring of fish cargo transhipments. He may be required to tally cargo slings, verify product types and weight and examine the ship's manifest and bills of lading. In the course of almost every foreign deployment, the observer is requested to assist the master regarding:

(1)  interpretation of telexes, offical documents, conditions of fishing licence, logbooks, etc,

(2)  communication by radio with patrol vessels, coastguard stations and pilot boats, and

(3)  ship routing and vessel traffic schemes.

He may also be required to provide a liaison service for customs officials and fisheries officers.

Each observer possesses a marine radio operator's licence qualifying him to use the ship's radio. Most frequently, they are required to submit coded situation reports, normally on a weekly or twice weekly basis, providing the department of fisheries with a summary of the vessel's activity. Additionally, it may be necessary for an observer to operate ship radios for extended periods under special circumstances, i.e. during inspections or violation situations in order to maintain contact with patrol vessels, other observers or the department of fisheries.

2.6  Observer's Level of Authority

The fishery observer is not granted law enforcement powers such as the power of search and seizure, arrest, taking of statements, or the reading of the statutory warning. This can be interpreted to mean that he cannot direct the master of the vessel to carry out a particular fisheries requirement nor can he challenge the master's supreme command over vessel and crew.

The observer is conditioned to observe, record and report what he sees. The objective is to remain neutral outside the provision of advise when sought by vessel personnel. The duties, responsibilities, and level of authority associated with the observer have been designed so as not to interfere with any operations of the fishing vessel.

It is important to recognize that because of his knowledge of departmental regulations and fisheries policies, the observer is often placed in a precarious position when fulfilling his responsibilities to monitor the vessel's compliance with fisheries laws. To assist him in this respect and in accordance with departmental procedure, the observer may request a boarding at sea by a departmental patrol vessel. Such a request is actioned immediately in the case of persistent disregard for the law or threats to the observer's safety. Breaches which are viewed at the time to be of a serious nature will be examined closely upon reviewing the evidence presented by the observer and fishery officer and appropriate legal action taken in respect thereof.

2.7  Code of Conduct

The observer is perceived as a representative of the national government on board national and foreign fishing vessels and is therefor required to conduct himself with prudence and probity. No observer shall accept a gratuity in any form, including but not limited to free trips, alcoholic beverages, or any other object or consideration that would place the observer in a compromising situation. Regular internal audits insure that this is adhered to and any suspicion of wrongdoing is investigated by police authorities.

2.8  Safekeeping of Data - Confidentiality

An observer is employed to observe, record, and report. In observing catches, recording catch compositions, and reporting at the time of debriefing, the observer is providing valuable information on a vessel's performance and capabilities. On occasion, certain vessels may be of special interest due to unusual factors in their fishing pattern. Whatever the case, the observer may not always be aware of any special importance his trip may acquire while still aboard the vessel. Even if the data set does not become unique, it is still a welcome and necessary addition to the data base. The observer is compelled to treat it as such.

The observer must always submit a complete data package after every trip. To do this certain precautions must be taken. The data should be kept in a single, secure place. To leave a few data sheets in a forgotten drawer could prove embarrassing later. The observer should always remove the data set when he leaves the vessel, even in cases where he expects to return later. There have been cases where an observer, having left the data aboard in expectation of returning later, has received a rude shock when told he would not return to the same ship. When transferring at sea, the observer should treat the box or pouch containing the data in the same way he would treat personal possessions. There have been vessels whose crews have been less than competent in lowering gear down the side of the vessel. The observer should be satisfied that all due precautions are taken in such situations. The responsibility for safekeeping of the data package is solely that of the observer.

Only in exceptional circumstances should an observer show his data to a vessel's captain or crew. Occasionally the observer will be deployed to a vessel engaged in a difficult or controversial fishery. It is understandable that the crew might want to know what is entered on an observer's data sheets in light of his role as a watchdog. In such a situation, it would be best for the observer to give his data set a low profile and spare himself needless inconvenience.

Included under the heading of data is everything collected during a sea trip, the trip report, card types, notebooks, etc. In agreeing to become an observer one acknowledges that all fisheries related information becomes the property of the department of fisheries. Disciplinary action will be taken if the observer fails to treat any data with the strictest confidence. This implies that the observer is required to keep all data confidential and submit it only to the proper authorities.

2.9  Observer Activities

Sections 2.3 to 2.5 detailed the observer's responsibilities and duties as well as giving an overview of what the job entails. The combination of all of these elements translates into specific activities that makes for a very full day of work for the observer.

The observer's first task is to become familiar with the vessel. To be alone on a mammoth factory trawler crewed by ninety or more sailors can be a bewildering experience for the first time observer. Even experienced observers have to cope with new vessel types, new nationalities and new fisheries together with the unique set of problems these factors create. Here are some practical hints for getting established on a vessel.

The first step for the observer, just after boarding a vessel, is the obvious formality of introducing himself to the ship's master. This opportunity should be used to explain one's role, especially in a situation in which the captain has never had prior experience with observers. The observer should point out that he will need to be on the bridge frequently for the recording of set data, have access to the trawl deck after haulback in order to watch the catch being dumped and have occasional use of the VHF and medium wave radio transmitters for contact with fellow observers and shore authorities. It is a good idea to ask for help in recording positions, depths, and times for sets missed at this initial meeting and it would be a fitting gesture to ask the captain about any safety regulations on the vessel. Once the meeting with the master has concluded, on most foreign vessels a crewman will be summoned to show the observer his cabin, give a brief tour of the vessel and establish meal times. After time has been taken to arrange the cabin, the observer should visit the fish room in order to locate a proper sampling place, and if necessary find baskets for carrying samples. Suitable sampling places will be discussed further in the manual. Another priority during the first few days of the trip is to study the trawl and to get the information required for the gear sheet from the trawlmaster or bosun.

Above all the observer should consider himself a guest aboard the vessel, and it goes a long way to making the stay a positive experience if he lets the captain know that he is there to help him if need be.

Once established aboard ship, the observer can begin to follow his daily work schedule. Depending on the briefing instructions, type of vessel and fishery, he may routinely work from eleven to fifteen hours per day. This is a demanding workload and the observer is expected to exercise judgement and relax some of the duties when exhaustion becomes a factor. Notwithstanding these considerations, observers as a group view better than 90% of all sets on vessels that operate around the clock. Seperated into biological and enforcement related activities, the observer's day looks like this:

Biological Activities

  1. length frequency of directed species - daily
  2. by-catch length frequency - daily
  3. discard or reduction length frequency - one every two to three days
  4. otolith sample - weekly
  5. stomach sample - once per trip
  6. completion of card types - daily
  7. frozen samples - twice per trip
  8. gear specifications - once per trip
  9. routine set observations - daily - ongoing

Based on the above activities the observer can spend 7 to 9 hours per day on this work.

Enforcement Activities

  1. product weight analysis - three times per week
  2. situation reports - once or twice a week
  3. logbook check - daily
  4. vessel sightings - daily
  5. meal-hold check - three to four times per week
  6. fish-hold check - three to four times per week
  7. by-catch and total weight on board records
  8. routine observations in fish room and on bridge - daily
  9. trip report - daily and trip end.

Based on the above activities the observer can spend 4 to 6 hours per day on this work.

It should be noted that the routine set observations and the trip report pertain to both groups of activities. For wetfish trawlers items 3 and 7 of biological activities and 1, 5, and 6 of enforcement activities do not apply.

2.10  Accommodations and Life Aboard a Fishing Vessel

As stated in the Canadian “Coastal Fisheries Protection Regulations” (see section 6.7) observers are to be given suitable food and accommodations, insofar as possible, while aboard foreign fishing vessels. Ideal accommodations would mean a private stateroom with table or desk for report writing, etc. A multi-person room is acceptable as long as the observer is free to come and go without disturbing the other occupants. Unsuitable accommodations include any space which was not built specifically for housing people, such as a laundry room.

A policy statement, made pursuant to the Coastal Fisheries Protection Regulations further clarifies the responsibilities of the captain towards the observer:

“The owner, representative or master of every fishing vessel shall, when requested by a Regional Director General or by an employee of the Department of Fisheries acting on behalf of a Regional Director General, permit an observer to go on board and remain on board the vessel for the period of time specified in the request, for the purpose of gathering and recording scientific data, collecting scientific samples and monitoring all aspects of the vessel's fishing activities.

The Master of the fishing vessel shall:

(a)  embark or disembark the observer at a time and place specified by the request,

(b)  take all reasonable precautions to ensure the safety of the observer during embarkations, while on board the vessel and during disembarkation; and shall apply the provisions of the Pilot Ladder Regulations, made under the Shipping Act, to the observer to the same extent as they apply to a pilot, during the embarkation and disembarkation process,

(c)  provide the observer with suitable food and accommodations, such food and accommodations to be consistent with that received by the officers of the vessel,

(d)  provide an observer with a suitable work area including a table and sufficient lighting to conduct his work,

(e)  provide access to the vessel records and logs relating to fisheries operations,

(f)   provide to the observer, on his request, the positions of the vessel in latitude and longitude,

(g)  arrange for the observer to send and receive messages by means of communications equipment on board the vessel,

(h)  provide the observer with access to all areas of the vessel involved in the fishing, processing and storage operations,

(i)   permit the observer to take samples and provide the observer with all reasonable assistance in his doing so,

(j)   provide the observer with suitable storage facilities for his samples,

(k)  permit the observer to examine and measure any fishing gear on board the vessel and provide the observer with all reasonable assistance in his doing so,

(l)   permit the observer to take photographs of the fisheries operations, including fishing gear and equipment,

(m)  permit the observer to remove from the vessel samples, records, photographs or film taken or made during his time on board the vessel,

(n)   provide all reasonable assistance in his power to enable the observer to carry out his duties and functions.”

Obvious points of courtesy should be adhered to while living aboard a fishing vessel. Be mindful that the captain is the absolute master of the vessel and is inextricably responsible for the vessel and everyone on board. He should be treated with the respect due his position, including a preliminary knock before entering his cabin, etc.

On some vessels, there may be certain areas or spaces that the observer may be told not to enter unless accompanied, such as the radio room. This is reasonable and should be followed. On foreign vessels access to the radio is guaranteed in the regulations, if not personally, then through the ship's radio officer. On domestic vessels, it is understood that the observer has access to the radio. The observer should maintain a friendly demeanor to vessel personnel, but not to the degree that they might expect him to overlook infractions of the rules. It is important to remember as well that the observer is an extremely visible representative of the national government, and as such, should be above reproach in his conduct. Before acting in any given situation the observer should be mindful of the diplomatic nature and sensitivity of his position.

While aboard a fishing trawler, the observer is urged to safeguard all personal belongings and program material which should not be seen by a member of the crew - such as the code for summoning a patrol vessel.

2.11  Observer Safety

Work aboard fishing vessels has its special hazards and pitfalls, especially to the inexperienced and unwary. The best insurance against accidents is knowledge and experience. But even with years of experience, remember that familiarity with a ship can often lead to carelessness and hence to injury.

There are two basic causes for accidents:

(1)  unsafe acts by crew members and observers, and

(2)  unsafe conditions of vessel, equipment, gear or work area.

Hazards on board trawlers increase markedly when fishing operations are underway. The observer's position as a non-crew member means he is to keep out of the way of the crew when they are engaged in setting or hauling the trawl net - undoubtedly the most dangerous operations on trawlers.

The following safety rules apply to all observers:

(1)  Keep clear of all operations when the crew are hauling or setting the trawl. Observe the operations from a safe vantage point on deck or from the bridge and stern wheelhouse, but keep out of the way and don't get involved.

(2)  Do not attemt to cross over moving trawl lines. Whenever possible observers should stay clear of the towing cables. If the wire snags on an obstruction, the warps could snap like a piece of cotton.

(3)  Avoid standing in the line of any block or hoisting apparatus that is under load.

(4)  Do not step on or inside ropes, wires or nets while the gear is being set or retrieved.

(5)  Watch your footing at all times. Records show that over one-third of all disabling accidents aboard fishing vessels are caused by falls either on deck, in the fish hold or while boarding or debarking the vessel at dockside.

(6)  Never run on deck. If a man goes overboard, throw the life buoy immediately into the water whether he is on the surface or not. By doing this, the spot where he went under has been marked and will help in locating him.

(7)  In rough weather or when the vessel is jogging, exercise extreme caution when on deck. Always try to be in the company of another person when going on deck at night.

(8)  Keep clothing free of loose or dangling appendages. The practice of securing work gloves to oil pants can be disastrous if one comes into contact with moving fishing gear.

(9)  When at sea take good care of your health. Keep your hands clean and don't let slime or gurry dry on them as this will cause cracks to develop. After washing your hands at the end of a long workday, use a good hand lotion, working it well into the skin.

(10)  Be familiar with the proper manner of handling different species of fish to avoid injuries from their teeth or spines. If a puncture occurs, proceed to the galley as fast as possible, fill a bucket with hot water, add a drawing agent like Epsom salts and soak the wound for at least two hours. Do not neglect a small puncture of your skin. Most infections originate in a small, insignificant scratch or sore. Wear protective gloves when handling fish.

2.12  Observer Procedure During Inspection

When a foreign or domestic vessel carrying an observer is boarded by a fishery officer at sea or in port, the boarding party should be met at the ladder or ramp by the observer and taken to be introduced to the captain or his designated representative. To gain the most from the observer's experience aboard that particular vessel, the officer will very likely ask for details on the vessel's fishing activity, record keeping, etc. The observer should be present during the inspection, either in the captain's cabin with the paperwork, in the fish hold or processing room or on the trawl deck watching a haulback with members of the boarding party.

On questions of law or the vessel's compliance with the law, the observer should answer any questions as fully as possible, but not interfere with the fishery officer's decisions in any matters involving compliance. Be helpful and objective in this procedure, but not in any way obstructive. If the observer disagrees with any of the decisions based on his ongoing observations of the ship's operation, this should be discussed in private with the officer. An observer may at times find himself in a quandary as to questions of compliance versus a boarding party's view, but he must make every effort to remain objective and unemotional even in view of any quasi-friendships which he may have made among the ship's personnel while living very closely with them for an extended period of time. Finally, the episode must be documented for discussion in a debriefing at the conclusion of the trip.


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