Resolution 87 of 2013

Structure of the Colombian Fisheries Observer Program. The POPC will be implemented through the Knowledge and Information Generation Office of the AUNAP, and will be structured as follows: Director of the POPC: The director of the POPC will be the director of the Knowledge and Information Generation Office or similar, whose functions under Decree 4181 relate to the POPC as follows: Conduct the permanent evaluation and comprehensive analysis of the state of marine and inland fisheries and aquaculture in the country. To evaluate and characterize the current and potential state of the fishing resource and the dynamics of these populations in Colombia. To direct the technical studies for the management of the fishing and aquaculture resources, which serve as a basis for establishing criteria, instruments, guidelines and indicators for the National Government to establish the policy on the efficient and sustainable use of these resources. To process primary and secondary information on basic, applied and descriptive research processes on fishery and aquaculture resources. To direct the necessary studies to establish technical guidelines for the exercise of control over the exploitation, reproduction, commercialization, transportation and use of fishery and aquaculture resources. Directing and coordinating studies to establish the baseline of the state of fishery and aquifer resources, as well as generating reports. Central Technical Team: These will be technicians and administrators who will support the POPC from Bogota in the following activities, among others: Administrative management of agreements made with POPC Executing Institutions in the country. Technical management in the consolidation of information from the different POPC executing institutions in the country, through the central server. Management and technical-scientific analysis of the information gathered with the executing institutions. Technical and logistical management in the preparation of reports and publications based on the POPC information analyzed at the national level. Coordinate the POPC academic training program in coordination with the institution or institutions identified for this purpose. Executing Institutions: These may be academic institutions, technological training institutions, non-governmental organizations, research institutes, or legally constituted and suitable companies, which will be authorized by AUNAP to implement the POPC in each of the regions or fisheries. The executing institutions will carry out the following activities, among others: Implement the POPC in the different regions of the national territory, in coordination with AUNAP. Establish the management and contracting of observers, based on legal guidelines and those stipulated by AUNAP, including everything related to the confidentiality of the information. To provide logistical management for embarkation, disembarkation, port monitoring and others considered necessary for the observers. Collect information from observers and digitalize it according to the guidelines and requirements established by AUNAP, depending on the fishery. Deliver to the nearest AUNAP headquarters, the original formats processed on board by the observers in the time defined by mutual agreement between the executing agency and AUNAP. Coordinate POPC activities with personnel from AUNAP regional offices and/or headquarters. Coordinate with the Director, the POPC central technical team and personnel of the AUNAP regional offices and/or headquarters, the minimum representative percentage of coverage on board and in port of the POPC, according to the fishery. Prepare in coordination with the National Director and the MAGCP Central Technical Team, the annual and/or extraordinary reports that may be required. To support the Director and the POPC Central Technical Team in the preparation of annual reports, or publications that consolidate the analysis of the information collected. Observers: They will be professionals or technicians of Colombian nationality who will be selected according to the requirements of each fishery, duly trained and certified. The observers will carry out the following activities, among others: Record all pertinent information on the development of the fishing activity to which they have been assigned, in an accurate manner and using the pre-established formats appropriately. Embark on the assigned fishing trips for the entire fishing trip. Only in special cases where this does not imply additional costs for the vessel, the observer may remain on board for less time than the scheduled trip. Be in port at the time of arrival of a vessel to monitor the landing. Inform the company, owner and/or captain of the vessel to which he/she has been assigned about the provisions of the Compliance Plan at the time of embarkation or monitoring in port, in coordination with the AUNAP and the executing agency. Prepare reports on the onboard or in-port monitoring to which he/she has been assigned according to the criteria stipulated by the POPC. Deliver the respective reports and formats to the executing institution. Maintain strict confidentiality on the information collected about the fishing activity of the vessels and the dynamics of the fishery that are witnesses, which shall be part of the contract clauses. Respect the general rules and hierarchy of command on the vessel or company to which he/she has been assigned as an observer. Scientific Advisory Committee: The director of the POPC, in consultation with the Director of the AUNAP will form this committee, which will be constituted in an ad hoc manner by national and international fisheries experts, whose main activity will be to advise the POPC on technical and scientific aspects; this committee shall not be constituted by more than 5 members who may meet in person or virtually when deemed necessary, at least once a year. The conformation, withdrawal or incorporation of members will be given by the availability and active participation or not of the members that compose it, coordinated by the director of the POPC. Paragraph 1. AUNAP shall regulate the minimum requirements of the executing institutions, which must be entities that have no relation with the productive fishing sector to avoid conflict of interest and guarantee the impartiality of the information. Paragraph 2°. AUNAP will create a National List of certified POPC Observers, which will have its own regulations and/or requirements to include or exclude an observer. Likewise, it shall establish the training protocols according to the fishery and other activities it considers pertinent, with the advice of the Technical Advisory Committee and other institutions related to the subject, if deemed necessary.

All vessels, fishing companies that commercialize, process or receive fishery products, have the obligation to allow on board or in port, the monitoring of catches resulting from fishing activities, through an observer of the POPC. The express impediment to carry out this monitoring will be sanctioned according to the national legislation in force. Paragraph 1°. The presence on board of an observer shall follow the legislation in force at the maritime safety level, in accordance with the provisions of the National Maritime Authority.