Frequently Asked Questions—Southeast Fisheries Observer Program

The observer program at NOAA's Southeast Fisheries Science Center works closely with the commercial fishing industry to collect data while on board commercial fishing vessels. Our observers cover commercial fishing vessels in the Gulf of America (formerly known as Gulf of Mexico), South Atlantic, and Atlantic high seas. The data collected by observers contributes to making informed decisions on how to best manage these fisheries. 

How are vessels selected?

Vessels are randomly selected from a pool of vessels that have catch history from previous years within the month range of the selected period. For example, vessels in the pool for the first quarter have reported landings between January and March in past years.

How often can a vessel be selected?

Vessels can be selected multiple times throughout the year based on program sampling needs. 

How is the data collected used?

Data collected from the observer program is used in stock assessments (i.e. estimate bycatch and discards) as well as a host of other projects that are requested from academia, government agencies, and non-governmental organizations.

How do I comply with the program?

When selected, vessel permit holders and/or operators must notify the program at least 48 hours prior to departing on any commercial trip intended to land catch under the selected Federal commercial permit. This notification requirement remains in effect until the vessel has fulfilled all specific criteria outlined in its unique selection notice. Once these requirements are met, you are no longer required to provide prior notice for commercial trips until you receive a new official selection notice to carry an observer. 

What happens if I choose to not carry an observer?

50 C.F.R. §§ 622.178, 635.7, 622.204, 622.27, and 622.52 state that federal permit renewal is contingent upon compliance with the observer program requirements. Failure to comply may result in loss of permit or enforcement action. Because observer coverage requirements vary by fishery, specific obligations and instructions are outlined in the relevant C.F.R. sections and each unique selection notice sent to the permit holder. 

What safety equipment must I have onboard?

The vessel must possess a valid U.S. Coast Guard (USCG) Commercial Fishing Vessel Safety Decal issued within the past two years. All required onboard safety equipment must be present, current (unexpired), and properly stowed. Additionally, the vessel's life raft must have sufficient capacity to accommodate everyone on board, including the observer. Vessel operators can visit the USCG Commercial Fishing Vessel Safety program website at www.dco.uscg.mil/FishingVesselSafety/ to learn more about specific safety regulations or to schedule a complimentary dockside safety exam. 

Does the observer need a bunk?

50 C.F.R. §§ 622.178, 635.7, 622.204, 622.27, and 622.52 state that vessel operators must provide observers with accommodations equal to those of the crew. If the majority of the crew is allocated a bunk, a bunk must also be provided for the observer. However, the program frequently covers smaller center-console vessels that operate on shorter, dock-to-dock trips lasting fewer than 36 hours. For these specific vessel types and trip durations, a dedicated bunk for the observer is not required.  

Does the observer program consider a beanbag to be adequate to sleep on for trips over 36 hours?

50 C.F.R. §§ 622.178, 635.7, 622.204, 622.27, and 622.52 state that vessel operators must provide observers with accommodations equal to those of the crew. If the majority of the crew utilizes bean bags for sleeping, this arrangement is acceptable for the observer, provided it is located in a safe, indoor sleeping space. To meet safety standards, the bean bag must not block emergency egress, vessel exits, or access to the steering helm. Any accommodation that restricts these critical areas is considered unsafe and non-compliant. 

Do I need to provide food for the observer?

50 C.F.R. §§ 622.178, 635.7, 622.204, 622.27, and 622.52 state that vessel operators must provide observers with food and water equivalent to that provided to the crew. However, for shorter, dock-to-dock trips lasting less than 24 hours, the observer will bring their own food and water. For any trip exceeding 24 hours, the vessel is responsible for providing food and water for the observer. 

Will I get paid to carry an observer?

No. However, the observer program will reimburse the vessel for reasonable cost of the food and drink provided to the observer. If you have specific questions please contact the number provided in your selection notice. 

What information will the observer collect?

Observers are responsible for recording a wide range of scientific and operational data, including gear characteristics, fishing effort, precise fishing locations, catch and bycatch composition, and any interactions with protected species. Additionally, observers may collect whole specimens or biological samples (such as otoliths, tissue, fin clips, etc.) from the catch or bycatch to support ongoing stock assessments and fisheries research.  

Will observers collect exact coordinates?

Yes. 50 C.F.R. §§ 622.178, 635.7, 622.204, 622.27, and 622.52 state vessel operators must allow observers full access to the vessel’s navigation equipment, charts, and plotters to verify the vessel's position. Furthermore, 50 C.F.R. § 229.7 mandates that the vessel provide accurate locations via latitude and longitude or Loran coordinates. All operational and positional data collected by the observer is protected under the confidentiality provisions of the Magnuson Stevens Fishery Conservation and Management Act at 16 U.S.C. § 1881a(b).

Does NOAA Fisheries have the authority to place an observer on my vessel if operating in state waters?  

Yes. Under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) § 303(b)(8), federal authority explicitly allows Fishery Management Plans to require that observers be carried on board U.S. commercial fishing vessels engaged in fisheries subject to the plan. The MSA and its implementing regulations do not limit observer mandates strictly to operations taking place within federal waters. In addition, under federal regulations implementing the Marine Mammal Protection Act (MMPA) at 50 C.F.R. Part 229,  NOAA Fisheries has the legal authority to require commercial fishing vessels participating in Category I, II, or III fisheries to carry an observer to monitor incidental interactions with protected species, regardless of whether the vessel operates in state or federal waters. To determine your vessel's classification, please refer to the official NOAA Fisheries List of Fishery Categories.

How will I be notified that I have been selected for observer coverage? 

When a vessel is selected, NOAA Fisheries will send an official, certified selection letter via the United States Postal Service to the permit holder. In addition, a digital selection notice will be sent to the email address on file with the NOAA Fisheries Regional Office associated with your federal commercial permit. Selection notification through either of these methods meets the program’s requirements to notify a vessel owner and/or permit holder of selection. Any calls from the program after selection notification is confirmed are courtesy calls to industry. 

I unsubscribed from NOAA Fishery Bulletins or other newsletters. Why am I still receiving notifications?

These notifications are not Fishery Bulletins. They are official notifications of observer coverage selection. 50 C.F.R. §§ 622.178, 635.7, 622.204, 622.27, and 622.52 state that NOAA Fisheries must notify permit holders when selected to fulfill the requirement to carry an observer. To streamline and modernize the notification process, we are transitioning to electronic notifications via GovDelivery in addition to the mailed selection letter. Each batch of selections is disseminated to the selected permit holders’ emails, regardless of their subscription settings to other NOAA Fisheries notifications.

Are observers covered under insurance? 

Yes. 50 C.F.R. § 600.74 requires contracted observer providers to maintain insurance policies that meet strict national standards. This comprehensive coverage includes Marine General Liability, Maritime Employer’s Liability (Jones Act), and Federal Employees' Compensation Act (FECA) equivalent protections. These policies ensure that observers are fully covered for work-related injuries or liabilities while deployed, reducing liability exposure for the host vessel. 

Can I request a male observer? 

No. NOAA Fisheries and its contracted observer providers strictly adhere to federal regulations and non-discrimination laws. Observers are assigned to vessels based entirely on scheduling availability, program needs, and qualifications. The program does not discriminate or accommodate specific assignment requests based on gender, age, race, or any other protected characteristic. Per federal regulations, all vessel operators are required to provide a safe working environment and equal accommodations for any qualified observer assigned to their vessel, regardless of gender. 

How do I know I have fully complied with the Observer Program?  

The specific criteria required to fulfill your obligation are outlined in detail within your unique selection notice, which is sent to the permit holder via mail and email. If you are unsure of your current status or have further questions regarding your requirements, you are strongly encouraged to contact the Observer Program directly using the contact information provided in your selection notice.