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| In July 1998, some concerned Oregon commercial
trawl fishermen negotiated a cooperative agreement with WCI
Cable, Inc. and Alaska Northstar Communications, LLC (WCICI/ANC/NorthStar
Network), two related fiber optic cable companies operating
a fiber optic cable landed at Nedonna Beach, Oregon. The Oregon
Fishermen's Undersea Cable Committee Agreement (Oregon Fishermen's
Agreement) is the first effort by two industries to discuss,
describe and delineate their shared use of a community resource
- the ocean. |
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WCICI/ANC/NorthStar Network are interested in preventing damage
to their cable rather than collecting damages from a fisherman in
the event of damage to the cable. WCIC/ANC/NorthStar Network also
respects the right of commercial fishermen to fish the seas. The
Oregon Fishermen's Agreement is intended to prevent damage to the
fiber optic cable by releasing a Participating Fisherman from possible
civil liability for ordinary negligence to WCICI/ANC/NorthStar Network
under defined circumstances rather than by relying upon fear and
litigation.
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The Oregon Fishermen's Agreement is founded
upon a belief that a fisherman who possibly has snagged a
cable is less likely to continue hauling on the snagged gear
and jeopardizing the cable if the fisherman is immediately
compensated for the sacrificed gear and released from civil
liability for ordinary negligence. A cooperative approach
appears to be more likely to prevent damage to the fiber optic
cable than the current threat of harsh civil and criminal
penalties.
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A cooperative approach also recognizes the right of
commercial fishermen to fish the seas including the seas over
and around a fiber optic cable.The Oregon Fishermen's Agreement,
however, requires participation by each individual fisherman
to be effective.
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| The Oregon commercial fishermen and WCICI/ANC/NorthStar
Network cooperated in selecting the cable route and now seek
to inform fishermen about the location of the fiber optic cable.
When a Participating Fisherman possibly has snagged the cable,
the fisherman must call a 24-hour toll free telephone number
maintained by WCICI/ANC/NorthStar Network to discuss the situation.
The WCICI/ANC/NorthStar Network representative has the authority
immediately to approve cutting the gear and thereby is authorizing
the provision of replacement gear to the fisherman from approved
suppliers. This payment to the approved suppliers is intended
to avoid the lengthy delays and the often inadequate compensation
that outraged fishermen in the past. The claim then must be
presented in writing to the Oregon Committee for review. |
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The Oregon Committee, constituted of Oregon commercial fishermen
and fiber optic cable representatives, reviews and investigates
the written claim for compensation including if necessary requesting
an inspection of the cable by an underwater remote operated vehicle.
If the Oregon Committee later denies the claim because of fraud,
misrepresentation or failure to follow the required procedures,
the payment to the approved suppliers for the sacrificed gear is
treated as a loan to the fisherman that may have to be repaid by
the fisherman.
| Under current international and national law, a person damaging
a submarine cable can be subject to severe civil and criminal
penalties. WCICI/ANC/NorthStar Network, acting with and through
the Oregon Committee, further agree that they will actively
encourage governmental authorities not to bring or maintain
any civil or criminal actions or penalties against a Participating
Fisherman who honors the Operating Procedures and other procedures
established by the Oregon Committee pursuant to the Oregon Fishermen's
Agreement. |
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The Oregon Fishermen's Agreement is the Magna Charta between some
concerned Oregon commercial fishermen and WCICI/ANC/NorthStar Network.
Everyone in both industries must work together to make this great
charter a viable working agreement and an example for others.
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