CMM 2017-03 07-08

Source:
CMM 2017-03
Status: Active
Included in ARPt2
Effective From
Applicability Definition
Applies to Flag CCMs with vessels on the WCPFC RFV
Required actions by a flag CCM where there are reasonable grounds to believe a WCPFC ROP Observers safety incident occurred
Full Text

In the event that there are reasonable grounds to believe a WCPFC ROP observer has been assaulted, intimidated, threatened, or harassed such that their health or safety is endangered and the observer or the observer provider indicates to the CCM to which the fishing vessel is flagged that they wish for the observer to be removed from the fishing vessel, the CCM to which the fishing vessel is flagged shall ensure that the fishing vessel: 
a. immediately takes action to preserve the safety of the observer and mitigate and resolve the situation on board; 
b. notifies the flag CCM and the observer provider of the situation, including the status and location of the observer, as soon as possible; 
c. facilitates the safe disembarkation of the observer in a manner and place, as agreed by the flag CCM and the observer provider, that facilitates access to any needed medical treatment; and 
d. cooperates fully in any and all official investigations into the incident.

8. In the event that there are reasonable grounds  to believe that a WCPFC ROP observer has been assaulted, intimidated, threatened, or harassed but neither the observer nor the observer provider wishes that the observer be removed from the fishing vessel, the CCM to which the fishing vessel is flagged shall ensure that the fishing vessel: 
a. takes action to preserve the safety of the observer and mitigate and resolve the situation on board as soon as possible; 
b. notifies the flag CCM and the observer provider of the situation as soon as possible; and 
c. cooperates fully in all official investigations into the incident.
 

Theme
Observer activity related requirement
Sub Theme
Observer welfare and safety
Category / CMR Section
Implementation (Evaluation Criteria Not Required)
Report
Category: Report
Version Introduced Date:
Version:
1
Audit Point Definition
CCM submitted a statement in AR Pt 2 that:

a. confirms CCM’s implementation through adoption of a national binding measure that requires its flagged vessels to do the following in the event that there are reasonable grounds to believe an observer has been assaulted, intimidated, threatened, or harassed, and the observer or observer provider indicates to the fishing vessel CCM that they wish for the observer to be removed from the vessel:

i. Immediately take action to preserve the safety of observer and mitigate and resolve situation on board

ii. Notify the flag CCM authorities and the observer provider of the situation as soon as possible, including status and location of observer

iii. Facilitate safe disembarkation of the observer in a manner and place agreed to by flag CCM and observer provider that facilitates access to any required medical treatment

iv. Cooperates fully in any and all official investigations into the incident

b. a. confirms CCM’s implementation through adoption of a national binding measure that requires its flagged vessels to do the following where there are reasonable grounds to believe an observer has been assaulted, intimidated, threatened, or harassed, but neither the observer nor observer provider indicates to the fishing vessel CCM that they wish for the observer to be removed from the vessel:

i. that the fishing vessel takes action as soon as possible to ensure the safety of the observer and resolve the situation,

ii. notifies the flag CMM authorities and the observer provider as soon as possible, and iii. cooperates fully in all official investigations into the incident.
CCM limits not applicable for this obligation
Category: Implementation
CMS Compliance History
When Evaluated:
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