Encl. (3) to COMDTINST 16475.7
operator. Issuing a written warning for minor infractions is authorized at the
boarding officer's discretion if it is deemed that the mariner's actions were
unintended or due to ignorance of the law and will be corrected.
(2) Persistence - If the master of the vessel persists in harassment, or the actions of
the vessel are plainly dangerous or involve a significant act of harassment, issue
a violation to the master.
(3) Documentation - In documenting a violation, it is critical to identify distances as
well as marine mammal behavior before, during, and after the incident. Submit
the Enforcement Action Report (EAR) and documentation in the same manner as
MFCMA violations to the local NMFS agent. A list of all witnesses to the
incident with phone numbers and/or addresses is also very important. Identify
individuals or other vessels who are potential witnesses in your Offense
Investigation Report (OIR) statements.
F. SPECIAL CIRCUMSTANCES INVOLVING WHALE WATCHING BOATS.
Commercial whale watching boats need not be boarded for all perceived violations. If
apparent violations are observed, document the suspected violations (obtain necessary
information via radio) and forward the completed case package (if appropriate) to
NMFS, with a copy to the appropriate MSO for possible licensing sanctions.
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