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ABOUT OFCC
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.

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.

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.
 


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.

 

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.

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.

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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