CMM 2017-03 03-06

Source:
Status: Active
Included in ARPt2
Effective From
Applicability Definition
Applies to Flag CCMs with vessels on the WCPFC RFV
Requirements that flag CCMs are to ensure their fishing vessels follow if an observer safety incident occurs while the observer is on the vessel (observer dies, is missing or presumed fallen overboard, observer suffers from a serious illness or injury)
Full Text

3. In the event that a WCPFC ROP observer dies, is missing or presumed fallen overboard, the CCM to which the fishing vessel is flagged shall ensure that the fishing vessel:
a. immediately ceases all fishing operations;
b. immediately commences search and rescue if the observer is missing or presumed fallen overboard, and searches for at least 72 hours, unless the observer is found sooner, or unless instructed by the flag CCM to continue searching (footnote 2);
c. immediately notifies the flag CCM;
d. immediately alerts other vessels in the vicinity by using all available means of communication;
e. cooperates fully in any search and rescue operation
f. whether or not the search is successful, return the vessels for further investigation to the nearest port, as agreed by the flag CCM and the observer provider;
g. provides the report to the observer provider and appropriate authorities on the incident; and

h. cooperates fully in any and all official investigations, and preserves any potential evidence and the personal effects and quarters of the deceased or missing observer.


4. Paragraphs 3(a), (c) and (h) apply in the event that an observer dies. In addition, the flag CCM shall require that the fishing vessel ensure that the body is well-preserved for the purposes of an autopsy and investigation.

5. In the event that a WCPFC ROP observer suffers from a serious illness or injury that
threatens his or her health or safety, the CCM to which the fishing vessel is flagged shall ensure
that the fishing vessel:
a. immediately ceases fishing operations;
b. immediately notifies the flag CCM
c. takes all reasonable actions to care for the observer and provide any medical
treatment available and possible on board the vessel;
d. where directed by the observer provider, if not already directed by the flag CCM,
facilitates the disembarkation and transport of the observer to a medical facility
equipped to provide the required care, as soon as practicable; and

e. cooperates fully in any and all official investigations into the cause of the illness or injury.
6. For the purposes of paragraphs 3 through 5, the flag CCM shall ensure that the appropriate Maritime Rescue Coordination Centre (footnote 3), observer provider and Secretariat are immediately notified.

footnote 2: In the event of force majeure, flag CCMs may allow their vessels to cease search and rescue operations before 72 hours have elapsed.

footnote 3: http://sarcontacts.info/

Theme
Observer activity related requirement
Sub Theme
Observer welfare and safety
Category / CMR Section
Implementation
Report
Category: Report
Version Introduced Date:
Version:
1
Audit Point Definition
The Secretariat confirms that CCM submitted in AR Pt2 a statement confirming that it required its flagged vessel operators:
a. in the event an observer dies, is missing, or presumed fallen overboard, to meet the requirements in paragraph 3a to 3h, and to notify the Maritime Rescue Coordination Center, the CCM observer provider, and the Secretariat;

b. if an observer dies, to ensure that the body is well-preserved for the purposes of an autopsy and investigation; and

c. in the event an observer experiences serious illness of injury, to meet the requirements in paragraph 5a to 5e.
CCM limits not applicable for this obligation
Category: Report
CMS Compliance History
When Evaluated:N/A
Average Score:N/A
Likelihood of Non-Compliance:
Moderate
Consequence of Risk Ratings
CCM or collective group Consequence of Non-Compliance Risk of Non-Compliance
European Union
Serious
Severe
Pacific Islands Forum Fisheries Agency (FFA)
Serious
Severe
Philippines
Serious
Severe