[Cooperative Enforcement Program]{.smallcaps}

![](media/image1.png){width="6.3in" height="5.135416666666667in"}

**2009 PROGRAM MANUAL**

**[TABLE OF CONTENTS]{.underline}**

**Introduction...........................................................................3**

**Ch. 1 Statutory
Authority............\...............................................4**

**Ch. 2 Program Structure and
Objectives.......................\...............\...6**

**Ch. 3 Enforcement
Priorities....................................\...................7**

**Ch. 4 Funding
Guidance...\..........................................\............\...11**

**Ch. 5 Evaluation
Criteria...................................................\...\.....13**

**Ch. 6 Roles and
Responsibilities.........\....................................\.....15**

**Ch. 7 JEA Application Package
Requirements..............................17**

**Ch. 8 Allocation of
Funds.........................................................19**

**Ch. 9 JEA Application Steps
.................................................\... 20**

**Ch. 10
Amendments...............................................................21**

**Ch. 11 Major Program
Addendums............................................22**

**Ch. 12 Performance Review
.................................................... 23**

**Ch. 13 Program Evaluation
..................................................... 24**

**Ch. 14 OLE JEA Contacts
...................................................... 27**

**APPENDIX
INDEX\................................................................................32**

**1. JEA
Template........................................................\...\...\...\...\....
33**

**2. JEA Template
Instructions....................................................42**

**3. Operations Plan
Template.....................................................54**

**4. Operations Plan Template
Instructions.....................................62**

**5. Financial Plan
Template........................................................74**

**6. Financial Plan Template Instructions..............................
.........78**

**7. Vendor Profile Information
Template\.......................................94**

**8. Vendor Profile Information Template
Instructions......................98**

**9. Amendment
Template.........................................................106**

**10. Application
Form...............................................................108**

**11. Division Enforcement Plan
Model..........................................115**

**INTRODUCTION**

In March 2003, the US Department of Commerce, Office of the Inspector
General (OIG) issued a report, No. IPE-15154/March 2003, and made
specific recommendations regarding the Office of Law Enforcement's (OLE)
Cooperative Enforcement Program (CEP), and in particular, the Joint
Enforcement Agreements (JEA) that OLE manage. (See, pp. 20-27)
Specifically, the report noted that "OLE needs to prepare clear and
specific guidance for the JEA program that sets forth program goals,
priorities, and requirements; spending guidelines; agreement approval
and evaluation criteria; and Federal and State agency rules and
responsibilities. OLE also needs to increase its verification of
State-level reporting and conduct site visits to evaluate program
activities."

This Program Manual is intended to address those and other OIG
recommendations and to provide information and guidance to OLE personnel
and OLE's State and territorial partners.

**NOTE:**

**Where the term "State" is used in this manual, unless specifically
stated, the term should be read to include the terms "Territory" and
"Commonwealth."**

**BASIC ELEMENTS OF JEA PROCESS**

OLE OLE States OLE Reviews OLE States OLE

Establishes \-\-\-\--Communicates\-\-\--Submit\-\-\-\-\-- Proposals
&\-\-\-\-\-\-\-\-\--Distributes\-\-\--Submit \-\-\--Monitors

Priorities Priorities Proposals Determines Funding Funding Reports
Performance

**Source:** OIG Report p. 21

**CHAPTER ONE**

> **STATUTORY AUTHORITY AND GENERAL REQUIREMENTS**

**AUTHORITY**

The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
§1801, et seq.)(MSFCMA) authorizes the Secretary of the U.S. Department
of Commerce to enter into "joint enforcement agreements" with any
eligible State to perform duties of the Secretary relating to law
enforcement provisions of the MSFCMA or any other marine resource law
enforced by the Secretary. The MSFCMA also provides the means by which
funds are transferred to the States for work performed on behalf of the
Secretary. Through various means the authority to enter into joint
enforcement agreements delineated in the MSFCMA and the other laws is
delegated to the Director, OLE.

The Director is authorized to enter into Cooperative Enforcement and
Joint Enforcement Agreements based upon the authority granted under the
following Federal laws:

-   **The Magnuson-Stevens Fishery Conservation and Management Act (16
    U.S.C. §1801, et seq.)**

-   **The Endangered Species Act of 1973 (16 U.S.C. §1531, et seq.)**

-   **The Lacey Act Amendments of 1981 (U.S.C. §3371, et seq.)**

-   **The National Marine Sanctuaries Act (16 U.S.C. §1431, et seq.)**

-   **The Marine Mammal Protection Act (16 U.S.C. §1631, et seq.)**

**GENERAL REQUIREMENTS**

The MSFCMA lists several requirements for participation in the CEP.

1.  Only "Eligible States" that are defined in the MSFCMA may apply for
    a JEA. An "eligible state" is a state that is in, bordering on, the
    Atlantic Ocean (including the Caribbean Sea), the Pacific Ocean, the
    Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of
    the Great Lakes.[^1]

2.  "State" is defined in the MSFCMA as "each of the several states, the
    District of Columbia, the Commonwealth of Puerto Rico, American
    Samoa, the Virgin Islands, Guam and any other Commonwealth,
    territory, or possession of the United States.

3.  State agencies must have "marine law enforcement responsibilities."

4.  JEAs must be consistent with the purposes and intent of funding
    State law enforcement officers with marine law enforcement
    responsibilities to perform duties of the Secretary of Commerce
    relating to the law enforcement provisions of the marine resource
    laws enforced by the Secretary.

5.  JEAs must also provide for confidentiality of data and information
    submitted to the State.

**CHAPTER TWO**

**PROGRAM STRUCTURE AND OBJECTIVES**

The CEP has, since its inception, aimed to increase Federal marine
resource conservation, endangered species protection, and critical
habitat enforcement while simultaneously strengthening State and
territorial enforcement resources. This program utilizes two main tools
to execute this mission. First, is the Cooperative Enforcement Agreement
(CEA) which authorizes State and U.S. territorial marine conservation
law enforcement officers to enforce Federal laws and regulations. The
second is the JEA, which includes a formal operations plan, is the
vehicle through which funds are transferred to State and U.S.
territorial law enforcement agencies to perform law enforcement services
in support of Federal marine conservation regulations, endangered
species, and critical habitats, and to also enhance their ability to
conduct both Federal and local enforcement. The CEP's objectives are to:

-   Establish OLE policies and procedures for administering the CEP and
    JEA's

-   Identify and describe the types of agreements that OLE enters into
    with State and territorial entities

-   Identify and describe the responsibilities and functions of OLE
    officials in administering agreements

-   Achieve operational priorities identified by OLE supervisors by
    State/territorial entities.

-   Supplement Federal and State marine resource conservation and
    endangered species and critical habitat enforcement mission.

-   Provide meaningful analysis and measurement of CEP goals and
    objectives.

-   Encourage cooperation and flexibility in administration of program.

-   Identify best practices.

-   Collect and analyze data in order to enhance program and achievement
    of Federal priorities

-   Provide meaningful feedback to OLE supervisors and State/U.S.
    territorial entities as to whether enforcement efforts are
    consistent with purposes and goals of CEP.

**CHAPTER THREE**

**ENFORCEMENT PRIORITIES**

OLE must make the most effective use of its limited staff resources. All
enforcement activities do not contribute equally to marine conservation.
OLE division heads and managers must be able to accomplish NMFS
enforcement priorities and initiate appropriate enforcement action that
will have the greatest impact.

**OLE enforcement efforts and those covered by a JEA should focus on
those illegal activities having the greatest negative impact on
federally protected fisheries, sanctuaries, endangered species, and
protected habitats.**

Enforcement priorities and needs are driven by OLE's mission and
obligations, and by State and territorial resources. These priorities
and needs, however, vary from one geographical area to the next.
Depending upon the complexity and breadth of a particular enforcement
need, OLE may have sufficient manpower and resources to commit the
proper level of attention to the matter or they may need assistance from
outside sources. JEA's are intended to fill that need by providing
financial and material incentives to State and territorial partners to
provide the resources the OLE lacks. This section will help OLE managers
and State and territorial partners to identify priorities that will be
addressed in a JEA.

OLE division heads must actively seek opportunities to efficiently and
economically accomplish the OLE mission by entering into advantageous
relationships with State and territorial entities. The OLE will
formalize and document these relationships through Cooperative
Enforcement Agreements, Joint Enforcement Agreements and Operations
Plans which will explain how the relationships are managed. The
foundation of these various devices is the enforcement priorities
identified by NMFS and OLE division heads. OLE division heads are
responsible for insuring that the enforcement priorities of the division
are dealt with by OLE resources or JEA with State or territorial
involvement. Below are some helpful hints to identify and implement
enforcement priorities.

**IDENTIFY PRIORITIES**

Priorities can be developed from a range of sources---OLE's local
partners, local intelligence gatherers, other government or national
bodies, and from OLE sources itself.

**Engage Local Partners**

The best source of information about the types of marine conservation
issues involving local jurisdictions is the State and territorial law
enforcement agencies themselves. Very often the OLE division already has
an excellent and close working relationship with those agencies. This
includes working jointly on enforcement initiatives, sharing information
and intelligence, partnering on training, and communicating regularly.

These relationships have been used to identify Federal enforcement
issues that become priorities and the means to accomplish those needs.
But, they also operate to gather feedback on draft priorities to make
sure the priorities are attainable through the partnership.

**Use Local Intelligence**

Most successful OLE divisions have good local intelligence gatherers in
their areas and communities. These can be the councils and commissions
who oversee marine conservation efforts in the region. Or,
informants---insiders in the fishing industry---can provide valuable
information that leads to the identification of an enforcement need or
priority. Open lines of communication are invaluable. Intelligence is
worthless if it does not reach OLE.

**Incorporate National Priorities**

Much of OLE's mission is dictated by National Marine Fisheries Service
(NMFS) mandate. Effective managers are aware of the priorities of the
region that have been established by NMFS. Those priorities are usually
detailed and specific and provide a framework from which all enforcement
priorities stem.

**Identify Region's Priorities**

Aside from the national perspective, local councils and commissions,
usually through regulation, determine their own priorities. Effective
councils and commissions are aware of OLE's enforcement priorities. And,
the reverse is true for effective OLE managers. This is particularly
important for those priorities that relate to the quality of the
fisheries and resources of the region, which cut across the missions of
OLE and the goals of the region's resource managers. Shared priorities
have a better chance of being achieved.

**Gather OLE Priorities**

Setting enforcement priorities within the division is an important step
to understand the marine conservation issues that affect an area and to
identify what goals are achievable. Most often the highest priority goes
to the activity with the greatest impact on the resource or what will
garner the most public attention or support. Those activities are often
prioritized based on the availability of human, environmental, or
financial resources needed to achieve them or external threats or
pressures such as pending legislation or an upcoming event. Like issues,
timing is also a consideration. Some goals will need to be worked on
over a period of time while others can be achieved relatively quickly.

**SAC Responsibilities**:

-   Keep a list of enforcement issues that come up during the year

-   Attend meetings of councils and commissions

-   Analyze internal data

-   Speak to local partners regularly about enforcement needs and
    successes

-   Write down what is sought to achieve

-   Break those goals into manageable targets

-   Incorporate national priorities and goals

-   Establish a process---engage DSAC's, ASACS, field agents

-   Develop a manageable, reasonable list of priorities and goals that
    can be accomplished within a set period of time.

-   Identify which priorities will be handled by OLE

-   Identify which priorities can be handled jointly with State or
    territorial partners

-   Identify those priorities that can only be achieved by a State or
    territorial partner through a JEA

> ***Priorities can be identified and adjusted anytime according to
> needs, resources and opportunities.***

**PRIORITIZE THE PRIORITIES**

Once the division manager has identified what the needs of the division
are, the manager will have to put these needs into some type of order.
It is important to be realistic---can all of the priorities be achieved
at the same time? A common obstacle is that the division may identify
too many priorities without a clear idea of how they would all be
delivered. Better divisions will, however, prioritize the needs and
establish reasonable timetables to accomplish them in stages. By doing
this, divisions will be able to accomplish more.

**Be Specific**

Especially when dealing with priorities that will be handled jointly or
by State or territorial partners, it helps if the priorities are not
just broad generic areas such as "inspect seafood processing plants."
This is more of vision than a priority. This vision could be better
stated: "inspect seafood processing plants to insure compliance with
species limits." In this way, the priority can be backed up with
specific, measurable, achievable, relevant, and time-bound targets that
can be measured by a number of performance indicators. In this example,
the enforcement targets might be "to ensure that during the months of
June and July, fishing vessels are meeting and not exceeding take limits
for Atlantic Tuna, by inspecting fish processing plants on a daily
basis."

**Balance Local with National Priorities**

Once priorities have been identified the next step is to develop a
balance between competing ones. Will the NMFS priorities take precedence
over State/territorial priorities? OLE managers will have to achieve the
proper balance in determining which priorities will receive the most
attention. Consultation with NMFS leaders, OLE leadership, and local
partners will most often lead to a proper balance.

**Align Priorities with State or Territorial Partners**

Once priorities have been identified and prioritized, divisional
managers should work with their State and territorial partners to create
as wide a resource base as possible so that the priorities can be met.
Understanding the abilities and limitations of State and territorial
partners will also ensure that priorities, once relegated, can be
achieved as expected.

**MAINTAIN FOCUS**

**Use JEA Processes to Ensure Focus**

The best way to maintain focus for enforcement priorities is to
negotiate an agreed-upon plan with State and territorial partners who
will do the work that will achieve the priority. OLE has operated under
joint enforcement agreements with various coastal States to meet the
enforcement needs of the agency that cannot be met through internal
resources. This program manual is intended to provide the means and
processes by which the JEA is negotiated and implemented.

**Communicate Priorities**

Keeping everyone in the region and the key partnerships aware of the
priorities and progress on these is an important factor in maintaining
focus. Division managers should use a variety of methods, such as staff
briefings, council and commission meetings, local partnership meetings,
newsletters, and email. Key messages need to be championed by the OLE
leadership and SAC's, with the priorities Stated and restated.

**Review Priorities**

It is important to revisit and review priorities at regular intervals,
assessing progress and making changes to them as appropriate. This is
usually accomplished by analysis of monthly reports submitted by the
partner. If the aims have been achieved then it is important to focus on
more pressing priorities. There is an important role for scrutiny to
keep an overview of progress against priorities, and to investigate and
identify any blockages that are preventing progress from being made.

**Source:** Audit Commission: Setting Priorities and Maintaining Focus

**CHAPTER FOUR**

**FUNDING GUIDANCE**

OLE is responsible to provide a program guide that explains JEA funding
disbursement options and allowable uses of funds.

**THE JEA IS A UNIQUE FUNDING INSTRUMENT AND IS NOT SUBJECT TO THE
REGULATIONS THAT GOVERN TRADITIONAL FINANCIAL ASSISTANCE AWARDS (GRANTS
AND COOPERATIVE AGREEMENTS).**

**Source:** OIG, Final Report, IPE-15154, p.23.

**DISTRIBUTION GENERALLY**

The MSFCMA provides that the Secretary "shall include in each joint
enforcement agreement an allocation of funds to assist in management of
the agreement." And, while the MSFCMA does not provide any detail, the
law further provides that "\[t\]he allocation shall be fairly
distributed among all eligible States participating in cooperative
enforcement agreements under this subsection, based upon consideration
of Federal marine enforcement needs, the specific marine conservation
enforcement needs of each participating eligible State, and the capacity
of the State to undertake the marine enforcement mission and assist with
enforcement needs."

The MSFCMA also provides that the OLE may withhold the cost of any
technical or other assistance provided to the State by the Secretary
under the JEA.

**MULTI-YEAR DISBURSEMENTS**

JEA funds are usually distributed in one lump sum. However, recipients
have the option of receiving JEA funds in several disbursements spread
out over the term of the JEA.

-   States/Territories may receive JEA funds in one lump sum

-   Or, States/Territories may receive JEA funds spread over 2 or 3
    years, if permissible.

-   JEA must provide for disbursement terms.

-   JEA funds must be obligated and spent during the life of the term.
    Otherwise, any unspent funds must be returned to OLE.

**IMPORTANT**

**JEA FUNDS MAY BE SPREAD OUT OVER MULTIPLE YEARS, BUT THE JEA MUST
SPECIFICALLY STATE THE PAYMENT TERMS. DIFFERENT JEA TERMS APPLY FOR
MULTIPLE YEAR AGREEMENTS. FOR MORE INFORMATION, SEE JEA TEMPLATE AND
INSTRUCTIONS, APPENDIX 1 AND 2.**

**ALLOWABLE COSTS**

Another area that requires guidance is the allowable uses of JEA funds.
JEA's are not subject to the traditional regulations regarding allowable
and non-allowable costs that will be covered by Federal funding.
Therefore, there exists little guidance as to what will be considered an
allowable cost under the JEA. OLE generally will allow all reasonable
costs for personal services, including wages and fringe benefits.

Additionally, OLE permits direct purchases of equipment, supplies, and
services that support the State/Territories marine conservation efforts.
Those costs are explained in the Financial Plan also.

Although not a definitive source or mandatory in the sense that it is
authority for JEA purposes, it is helpful to look to the provisions of
OMB Circular A-87 for examples of allowable and non-allowable costs.

**IMPORTANT**

**FINAL DETERMINATION OF ALLOWABLE COSTS WILL BE MADE BY OLE. NOTHING IN
THIS SECTION IS INTENDED TO IMPLY THAT THE PROVISIONS OF OMB CIRCULAR
A-87 GOVERN THE ALLOWABLE USES OF JEA FUNDS. THE INFORMATION IS PROVIDED
ONLY AS A GUIDE.**

**CHAPTER FIVE**

**EVALUATION CRITERIA**

In the third element of the JEA process, States and territories may
submit a funding proposal under a JEA. This process is the culmination
of negotiations between the OLE regional managers and the State
enforcement officials. The goal of the negotiations is for OLE to
outline the Federal enforcement needs for the immediate and foreseeable
future and the identification of resources that might be available or
might be needed at the State level to meet those needs, whether those
needs are manpower or material or both.

The State may seek JEA funding for manpower and material resources to
assist it in completing not only those Federal JEA obligations, but also
its own State-mandated duties. An application package is prepared by the
State and submitted through the regional OLE division for approval.

**IMPORTANT**

**FUNDING IS ALWAYS DEPENDENT UPON CONGRESSIONAL APPROPRIATIONS AND IS
SUBJECT TO CHANGE OR MODIFICATION. BEST EFFORTS WILL BE MADE TO TIMELY
NOTIFY ELIGIBLE STATES AND TERRITORIES OF THE AVAILABILITY AND
APPROPROXIMATE AMOUNT OF ALLOTMENT FOR EACH STATE OR TERRITORY.** **OLE
DOES NOT AND CANNOT GUARANTEE THAT APPROPRIATIONS WILL NOT BE MODIFIED
OR THAT THE AMOUNT AWARDED TO A STATE OR TERRITORY WILL NOT BE MODIFIED
AFTER IT IS INITIALLY OFFERED.**

Application packages are evaluated on:

-   Adequate funds appropriated?

-   Completeness of application, i.e. are all documents attached? Are
    all questions answered?

-   Timeliness of application? Was it submitted within the proper time
    frame?

-   Does the application contain the essential elements of the agreement
    with the regional OLE office?

-   Does the application accurately describe the Federal enforcement
    priorities as determined by the OLE region?

-   Does the application adequately describe the work to be done as it
    relates to the priorities?

-   Does the application otherwise meet all of the required-language
    requirements of the program?

-   Have any extraneous provision been added? If so, why and what
    relevance does it have to the JEA?

-   Are the terms of the work to be performed adequately described to
    permit proper reporting and tracking?

-   Has the OLE SAC reviewed the application package and concurred with
    the request?

-   Are the financial terms in line with OLE's allotment?

-   Are all of the cost calculations accurate?

-   Is there adequate supporting documentation for the figures entered
    in the cost calculations?

-   Are the cost calculations understandable and correct?

-   Do the cost calculations for direct services roughly equal those of
    the direct purchases?

-   Will the designated work be done within the available period of
    funding?

-   Are there any other relevant issues to be considered?

**IMPORTANT**

**JEA COST CALCULATIONS SHOULD HAVE AN APPROXIMATE 50/50 RATIO OF DIRECT
SERVICE COSTS TO DIRECT PURCHASE COSTS. THOSE WHO DO NOT MEET THIS
GUIDELINE MAY BE DELAYED PENDING FURTHER EXPLANATION AND REVIEW. FOR
MORE INFORMATION, SEE APPENDIX 6, INSTRUCTIONS FOR COMPLETING COST
CALCULATIONS.**

JEA's meeting these requirements and criteria will normally be approved
for further processing, provided adequate funds are available to fund
the JEA.

**CHAPTER SIX**

**ROLES AND RESPONSIBILITIES**

**SAC'S (Some duties may be delegated)**

-   Meet quarterly with the NMFS regional administrator and NOAA General
    Counsel to discuss Federal fisheries enforcement issues

-   Meet with councils, commissions, and State partners as necessary to
    discuss and identify Federal fisheries enforcement issues

-   Develop a system for identifying Federal enforcement priorities and
    needs

-   Identify Federal enforcement priorities and needs

-   Communicate those enforcement priorities to the appropriate NMFS
    officials, OLE leadership, councils and commissions, and State
    marine conservation officials.

-   Determine what level of assistance will be required to meet the
    priorities and needs.

-   Negotiate with State enforcement partners to determine if the State
    is willing to participate and, if so, what resources can be brought
    by or will be needed by the State to meet those needs

-   Determine, in conjunction with the State, the appropriate plan of
    operations to accomplish OLE's goals

-   Assist the State in preparing the JEA application package

-   Review the completed application package using the evaluation
    criteria

-   Note approval of the application

-   Follow-up to insure that application is received at Headquarters

-   Assist Headquarters staff as needed

-   Supervise JEA technician or representative

-   Review JEA progress

-   Analyze JEA reporting

-   Communicate with OLE/State on deficiencies/problems/achievements

-   Take responsibility for overall performance of JEA

**JEA TECHNICIANS/REPRESENTATIVES**

-   Maintain competency and familiarity with JEA program

-   Maintain JEA records

-   Maintain JEA contacts list

-   Communicate as needed with State JEA counterpart/officials

-   Assist as needed in preparing JEA application packages

-   Insure accuracy and completeness of application package

-   Receive reporting

-   Evaluate reporting for compliance with terms of JEA

-   Complete internal tracking/data entry

-   Issue reports as needed

-   Conduct periodic reviews

-   Assist Headquarters as needed

**HEADQUARTERS PERSONNEL**

-   Maintain JEA records

-   Accept and review JEA application packages

-   Evaluate application packages

-   Notify applicants and OLE divisional staff each completed review
    step

-   Forward completed packages for final approval

-   Ensure that payments are made according to JEA

-   Monitor funding levels to ensure adequate funding

-   Adjust allotments as necessary

-   Prepare and conduct review of State and territorial partners

**STATE/TERRITORIAL PARTNERS**

-   Meet regularly with OLE divisional managers

-   Discuss local and Federal enforcement strategies and priorities with
    OLE

-   Determine whether JEA program will assist in meeting State needs
    while providing a valuable service to the Federal government

-   Determine what resources are available or are needed to meet State
    needs

-   Determine what resources are available or are needed to support
    Federal priorities if JEA is sought

-   Determine manpower requirements for State needs and JEA, if sought

-   Discuss manpower and resource capabilities with OLE divisional
    manager to determine whether it is feasible to enter into JEA

-   If appropriate, prepare JEA application package and submit

-   Maintain proper JEA records

-   Maintain and prepare internal controls to ensure that Federal
    resources are used properly and adequate controls are in place to
    ensure accountability

-   Use Federal funds as appropriate and called for in JEA

-   Submit reports and purchase vouchers as appropriate

-   Cooperate with OLE review process

**CHAPTER SEVEN**

**JEA APPLICATION PACKAGE REQUIREMENTS**

.

**APPLICATION**

The MSFCMA provides that "the Governor of an eligible State may apply to
the Secretary \[of Commerce\] for execution of a joint enforcement
agreement with the Secretary that will authorize the deputization and
funding of State law enforcement officers with marine law enforcement
responsibilities to perform duties of the Secretary . . . ." Consistent
with that language, interested States must submit an application as part
of the package of documents making up a proposal.

The application generally consists of several parts: Agency Information;
Statistics; Estimated Value of Proposed Services; Estimated External
Costs; Estimated JEA Cost; the application with signatures; a
confidentiality certification; and a capacity certification.

In lieu of the governor of a State signing the application form, that
authority may be delegated by the governor to an appropriate State
official. An alternative signature block appears for that individual
with a certification that such authority has been granted.

The application form also contains a certification that State law allows
the State to maintain the confidentiality of information supplied to a
State under the JEA as required by law. A negative response will result
in restrictions placed upon the information supplied to a State.

Finally, the application for contains a provision in which the head of
the marine conservation law enforcement agency must certify that the
agency possesses the capacity to undertake the work required by the JEA.

A sample form is located in the Appendix.

**JOINT ENFORCEMENT AGREEMENT**

The JEA is the main vehicle through which Cooperative Enforcement is
implemented. The MSFCMA provides that the Governor of a State may apply
for a JEA. A State or U.S. Territory agrees to conduct specific maritime
saltwater enforcement work on Behalf of the Federal government, in
exchange for a corresponding level of financial support. A template and
instructions can be found in Appendices 1 and 2. The Operations Plan and
the Costing Plan Calculations are part of the JEA and are identified as
"Addendums."

**OPERATIONS PLAN**

The operational details of the agreed upon strategy between the SAC and
the agency are set forth in the Operation Plan. Its purpose is to
provide detailed information about the types of programs targeted for
increased enforcement, the resources the agency will provide in support
of the JEA, and the equipment or property that will be purchased with
JEA funds. Further, the Operations Plan is intended to explain,
describe, and elaborate upon the work to be performed. A template and
instructions can be found in Appendices 3 and 4.

**DIVISION ENFORCEMENT PLAN**

This Divisional Enforcement Plan (DEP), in conjunction with the
Operations Plan, serves as the day-to-day operational framework for a
JEA. It contains those Federal priorities that will be targeted for
increased enforcement during the JEA. Alterations, modifications, and
changes to the DEP are expected as needs and priorities change during
the course of the JEA. As such, the DEP needs to be as flexible as
possible and so details can be altered, modified, or changed by written
agreement of the parties. No formal amendment to the JEA or Operations
Plan is required unless substantive provisions of the JEA or Operations
Plan are to be altered, modified, or changed as well.

**FINANCIAL PLAN CALCULATIONS**

In 2004, OLE endeavored to create a standardized method with which its
State/territorial partners would estimate their costs incurred under the
proposed JEA for doing Federal enforcement work. The aim of this policy
was to ensure fairness not only among the State/territories, the
State/territory and the Federal governments, but also to the Federal
taxpayer as well. It sought to create a consistent standard to allocate
funds equitably and fairly to OLE's partners in exchange for Federal
work.

The Financial Plan breaks funding calculations into two parts; the
Direct Operations Component and the External Cost Component. Together,
these two values ultimately determine the amount of funding a State or
U.S. Territory will receive in exchange for their Federal commitment. A
template and instructions can be found in Appendices 5 and 6.

**VENDOR PROFILE INFORMATION FORM**

In order to receive payment of JEA funds, States and Territories must
complete and submit a Vendor Profile Information form with the
application package. A template and instructions can be found in
Appendices 7 and 8.

**CHAPTER EIGHT**

**ALLOCATION OF FUNDS**

Allocation of funding is a difficult task. The MSFCMA requires that the
JEA funds be fairly distributed based upon three basic principles:

1.  Federal marine enforcement needs,

2.  the specific marine conservation needs of each participating
    eligible State, and

3.  the capacity of the State to undertake the marine enforcement
    mission and assist with enforcement needs.

The Director determines the amount of JEA funds to be offered to each
eligible State/Territory based upon congressional appropriations.
Although Congress has funded JEA's for several years and is expected to
continue, the OLE cannot and does not warrant that JEA funds will be
available and will not and cannot fund JEA's without congressional
support.

To assist the Director in determining appropriate amounts, various
sources may be used, including official State, territory, NOAA, National
Marine Fisheries Service, or other documents. In addition, the Director
may use surveys to gather pertinent information.

**CHAPTER NINE**

**JEA APPLICATION STEPS**

1.  OLE Director determines amount of funds appropriated for JEA program
    and determines what funds will be offered to each State/Territory.

2.  OLE Director mails correspondence to eligible State/Territorial
    agencies soliciting their participation in the Cooperative
    Enforcement Program. Copies of the solicitation are sent to the SAC.

3.  Agency contacts the SAC to express interest in participating.

4.  SAC and agency meet and discuss Federal enforcement priorities that
    agency will concentrate upon during the agreement term. In addition,
    the SAC and the agency will identify equipment and property that
    will be sought.

5.  Agency submits a proposal (Application, JEA, Ops Plan, including
    Costing Plan, and all required documentation) to the SAC.

6.  Proposal reviewed by divisional CEP Technician, who makes any
    necessary changes with the concurrence of the agency.

7.  Once completed, JEA is passed on to the SAC for final OLE Divisional
    Review.

8.  SAC forwards complete application to Headquarters Program Manager,
    who performs HQ review, making any necessary changes with the
    concurrence of the division and agency.

9.  JEA is then forwarded to GCEL Headquarters for review of legal
    sufficiency. Upon approval, JEA is returned to OLE HQ.

10. OLE HQ notifies applicants and divisional staff of completion of
    each review step.

11. OLE then forwards JEA to Department of Commerce, Office of the
    General Counsel through NMFS Management and Budget. Once approved,
    JEA is returned to OLE HQ.

12. JEA is signed by OLE Director and sent to agency signatory for
    endorsement. Once signed, JEA is returned to OLE HQ.

13. OLE HQ processes payment pursuant to JEA, posting to State/U.S.
    territory account within 5-7 business days. This process is
    explained further in the next section.

**CHAPTER TEN**

**AMENDMENTS**

Significant changes to the terms of the JEA require a formal recording.
Any time a provision in the JEA is changed in a substantive manner, it
should be reduced to writing. The formal instrument to record such
changes is called an "Amendment." More minor alterations or explanations
of terms may be handled less formally in the form of a memorandum.

Examples of changes requiring a written amendment may include:

\--change to the number of hours to be performed

\--modifying the expiration date of the JEA

\--different/additional/less equipment, property, or services to be
purchased

\--different/additional priorities

\--additional money transfers

Amendments do not require review by GCEL. However, before any amendment
can be processed, the SAC, or their designee, must submit a brief
written statement indicating that the proposed amendment has been
personally reviewed by the SAC and is consistent with the Division
enforcement plans, that the change is needed in order to accomplish a
priority, or that the purchase of a new item of equipment, property, or
service is needed to accomplish a Federal need. The purpose of the
written statement is not for approval or denial, but to serve as a
written justification for the change to a material term of the JEA.

Once the proposed amendment has been reduced to writing, it must be
signed by the Director, or his designee, and the head of the agency, or
their designee.

The first amendment to a JEA is numbered as "Amendment One." Each
subsequent amendment is numbered to the next progressively higher
number. There is on limit to the number of amendments to a JEA.

**CHAPTER ELEVEN**

**MAJOR PROGRAM ADDENDUMS**

Occasionally, OLE will partner with other NOAA units to transfer money
to a State enforcement agency for specific work in those program areas.
Examples of NOAA programs where funds may be transferred to a State
agency may include the National Marine Sanctuaries Service or the
Protected Resources Service.

Each major program addendum is formatted in style similar to the
Operations Plan. It should contain similar recitations of hours to be
performed, priorities, and a financial plan.

Each major program addendum will be numbered in a progressively higher
sequence and will normally begin with Addendum Three which follows
Addendum Two, Financial Plan.

**THERE MUST BE A VALID JOINT ENFORCEMENT AGREEMENT WITH THE
JURISDICTION TO WHICH THE MAJOR PROGRAMS FUNDS ARE TO BE TRANSFERRED
THAT COVERS THE PERIOD CONTEMPLATED BY THE ADDENDUM.**

**CHAPTER TWELVE**

**PERFORMANCE REVIEW**

Consistent with sound management practices, periodic reviews and
inspections must be performed in order to ensure that the CEP meets the
needs of the OLE mission, doesn't unduly burden State resources and
efforts, and provides a valuable supplement to OLE's personnel.

In March 2003, the Department of Commerce, Office of the Inspector
General, Office of Inspections and Program Evaluations, (OIG) issued a
report titled *NMFS Should Take a Number of Actions to Strengthen
Fisheries Enforcement,* Final Inspection Report No. IPE-15154, March
2003. One of the central issues identified regarding the Cooperative
Enforcement Program (CEP) was the need for periodic review of the
program\--"NMFS should develop guidance for and conduct periodic,
on-site program reviews to measure and verify internal program controls
and program accomplishments." In addition, to this broad, sweeping
program review, the OIG recommended more frequent, less comprehensive
monitoring by OLE Special Agents in Charge---"In an ongoing monitoring
program, special agents in charge would be responsible for periodically
preparing and submitting a written report to headquarters on State
performance."

A Performance Review Guide has been prepared and forms the basis for
reviews of States/territories receiving JEA funds. For a copy of the
Guide, contact OLE Headquarters.

**CHAPTER THIRTEEN**

**PROGRAM EVALUATION**

**DESCRIPTION.**

Program evaluations are evaluations of program operations, usually at
more than one organizational level, to measure actual outcomes and
results against program goals and objectives, including OLE priority
objectives; assess application of OLE policy; and examine program
execution against established standards.

**PURPOSE.**

The purpose of program evaluations is to establish a process to ensure
that programs are operated and executed OLE-wide in accordance with
established standards, such as OLE priority objectives, laws and
regulations, management controls, and program policies, procedures,
goals, and objectives.

**EVALUATION CRITERIA.**

The following core elements will be used by evaluation teams to design
and plan program evaluations. The evaluation team may supplement these
criteria with additional areas for analysis to meet other specific
purposes. Suggested coverage within these elements can be amended based
on the nature and scope of the evaluation.

**Headquarters:**

Headquarters formulates OLE policy, guidance, and plans; sets
priorities; coordinates program activities; and assesses program
performance. Within this context, the criteria for Headquarters program
evaluations are:

\* **Development of policy, guidance, and plans;** e.g., timeliness,
clarity, and adequacy of policy and implementing regulations, program
guidance, and memoranda; OLE-wide consistency in
interpretation/application of OLE policy.

\* **Coordination of program activities** with other OLE and Division
offices and outside organizations; e.g., timeliness, significance, and
impact on program effectiveness.

\* **Program assessment;** e.g., type, frequency, results.

\* **Effectiveness in meeting goals and objectives;** e.g.,
accomplishment of program goals and objectives, annual plans,
Secretary\'s and OLE priority objectives, and OLE mission; deviations to
plans; impediments to meeting goals.

\* **Improvements in program execution;** e.g., completion of corrective
actions from previous evaluations; increase in program efficiency; cost
savings.

\* **Ability to meet the needs of the program\'s customers;** e.g.,
knowledge of the program\'s customers and their needs; responsiveness;
feedback from customers.

\* **Processes,** if required, e.g., system operations, workflow,
timeliness, impediments.

**Division/Regional Offices**

Division/Regional offices implement national policies; appraise and
monitor their operations to assure effectiveness and goal attainment;
and recommend to Headquarters revisions in national policies, plans, and
procedures. Within this context, the criteria for Division/Regional
Office program evaluations are:

**\* Implementation of policy and guidance;** e.g., Division/Region-wide
consistency in interpretation and application.

**\* Effectiveness of program** execution and compliance with laws,
regulations, policies, and procedures; e.g., timeliness and adequacy of
program activities; coordination with other OLE and Department offices
and outside organizations; Division/Region-wide consistency in program
execution; outcomes and accountability.

**\* Effectiveness in meeting goals and objectives;** e.g.,
accomplishment of Division/Regional work plans, OLE priority objectives,
and OLE mission; deviations to plans; impediments to meeting goals.

**\* Improvements in program execution;** e.g., program review and
corrective actions; recommendations to Headquarters for revisions in
policies, plans, and procedures; increase in program efficiency; cost
savings.

**\* Ability to meet the needs of the program\'s customers;** e.g.,
knowledge of the program\'s customers and their needs; responsiveness;
feedback from customers.

**\* Processes,** if required, e.g., system operations, workflow,
timeliness, impediments.

**Other Criteria.**

In addition, programs may be evaluated by:

\* Alternative Program Evaluations required by program authorities, OLE
policy other than this Part, and the Departmental Manual;

\* Comparison of actual program results with performance goals
established in the annual performance plan;

\* and Special evaluations, the criteria for which may be determined by
the Director.

**Process Evaluations.**

A program evaluation may include an examination of the processes of a
program.

**Evaluation Schedule.**

The CEP should be scheduled for a program evaluation each year. A report
detailing the evaluation should be prepared in a timely fashion.

**CHAPTER FOURTEEN**

**OLE JEA CONTACTS**

**Office of Law Enforcement Headquarters**

National Oceanographic and Atmospheric Administration

National Marine Fisheries Service

Office of Law Enforcement

8484 Georgia Avenue

Suite 415

Silver Spring, MD. 20910

\(301\) 427-2300

\(301\) 427-2055 (Fax)

<http://www.nmfs.noaa.gov/ole/>

Dale Jones, Director

<Dale.jones@noaa.gov>

Mark Spurrier, Deputy Director

<Mark.spurrier@noaa.gov>

Mark Paterni, Assistant Director

<Mark.paterni@noaa.gov>

Michael A. Fry, Special Agent

National Cooperative Enforcement Program Manager

<Michael.fry@noaa.gov>

**Northeast Division, Main Office**

National Oceanographic and Atmospheric Administration

National Marine Fisheries Service

Office of Law Enforcement

Suite 02-300

55 Great Republic Drive

Gloucester, MA 01930

\(978\) 281-9213

\(978\) 281-9317 (Fax)

<http://www.nmfs.noaa.gov/ole/ne_northeast.html>

Andy Cohen, Special Agent in Charge

<Andy.cohen@noaa.gov>

\(978\) 281-9213

Mark Micele, Deputy Special Agent in Charge

<Mark.micele@noaa.gov>

\(978\) 281-9261

Tim Donovan, Deputy Special Agent in Charge

<Tim.donovan@noaa.gov>

\(978\) 281-9156

Leta Etheridge, Enforcement Technician

<Leta.etheridge@noaa.gov>

\(978\) 281-9160

**Southeast Division, Main Office**

National Oceanographic and Atmospheric Administration

National Marine Fisheries Service

Office of Law Enforcement

263 13^th^ Avenue South, Suite 109

St. Petersburg, FL 33701

\(727\) 824-5344

\(727\) 824-5355 (Fax)

<http://www.nmfs.noaa.gov/ole/se_southeast.html>

Hal Robbins, Special Agent in Charge

<Hal.robbins@noaa.gov>

\(727\) 824-5344

Tracy Dunn, Deputy Special Agent in Charge

<Tracy.dunn@noaa.gov>

\(727\) 551-5765

Otha Easley, Deputy Special Agent in Charge

<Otha.easley@noaa.gov>

Magda Hodge, Enforcement Technician

<Magda.hodge@noaa.gov>

\(727\) 824-5395

**Southwest Division, Main Office**

National Oceanographic and Atmospheric Administration

National Marine Fisheries Service

Office of Law Enforcement

501 W. Ocean Boulevard

Suite 4300

Long Beach, CA 90802

\(562\) 980-4050

\(562\) 980-4058 (Fax)

<http://www.nmfs.noaa.gov/ole/sw_southwest.html>

Don Masters, Special Agent in Charge

<Don.masters@noaa.gov>

\(562\) 980-4050

Martina Sagapolu, Deputy Special Agent in Charge

<Martina.sagapolu@noaa.gov>

\(562\) 980-4054

Marc Cline, Assistant Special Agent in Charge

<Marc.cline@noaa.gov>

\(831\) 647-2126

Dan Torquemada, Assistant Special Agent in Charge

<Dan.torquemada@noaa.gov>

\(707\) 575-6072

**Northwest Division, Main Office**

National Oceanographic and Atmospheric Administration

National Marine Fisheries Service

Office of Law Enforcement

7600 Sand Point Way, NE

Seattle, WA 98115

\(206\) 526-6133

\(206\) 526-6528 (Fax)

<http://www.nmfs.noaa.gov/ole/nw_northwest.html>

Vicki Nomura, Special Agent in Charge

<Vicki.nomura@noaa.gov>

\(206\) 526-6133

Brad Vinish, Deputy Special Agent in Charge

<Brad.vinish@noaa.gov>

\(206\) 526-4301

Bill Giles, Deputy Special Agent in Charge

<Bill.giles@noaa.gov>

\(206\) 526-6137

Ryan Johnson

<Ryan.johnson@noaa.gov>

Enforcement Technician

\(206\) 526-4616

**Alaska Division, Main Office**

National Oceanographic and Atmospheric Administration

National Marine Fisheries Service

Office of Law Enforcement

P.O. Box 21767

709 W. 9^th^ Street, Room M90C

Juneau, AK 99802-1767

((07) 586-7225

\(907\) 586-7200 (Fax)

<http://www.nmfs.noaa.gov/ole/ak_alaska.html>

Jeff Passer, Special Agent in Charge

<Jeff.passer@noaa.gov>

\(907\) 586-7225

Matthew Brown, Deputy Special Agent in Charge

<Matthew.brown@noaa.gov>

\(907\) 586-7552

Sherrie Tinsely-Myers, Deputy Special Agent in Charge

<Sherrie.tinsely-myers@noaa.gov>

\(907\) 586-9352

Eliza Stevens, Program Analyst

<Eliza.stevens@noaa.gov>

\(907\) 271-4968

**Pacific Island Division, Main Office**

National Oceanographic and Atmospheric Administration

National Marine Fisheries Service

Office of Law Enforcement

1601 Kapiolani Street, Suite 950

Honolulu, HI 96814

\(808\) 203-2500

\(808\) 203-2599 (Fax)

<http://www.nmfs.noaa.gov/ole/pi_pacificislands.html>

William Pickering, Special Agent in Charge

<william.pickering@noaa.gov>

\(808\) 203-2501

Scot Yamashita, Deputy Special Agent in Charge

<scot.yamashita@noaa.gov>

\(808\) 203-2502

Nicholas Mitsunaga

<Nicholas.mitsunaga@noaa.gov>

\(808\) 203-2530

**APPENDIX**

1.  **JEA
    TEMPLATE.......................................................33**

2.  **JEA TEMPLATE INSTRUCTIONS............\....................40**

3.  **OPERATIONS PLAN TEMPLATE................................54**

4.  **OPERATIONS PLAN TEMPLATE INSTRUCTION.........62**

5.  **FINANCIAL PLAN TEMPLATE......\.............................74**

6.  **FINANCIAL PLAN TEMPLATE INSTRUCTIONS......\.....78**

7.  **VENDOR PROFILE INFORMATION TEMPLATE..........94**

8.  **VENDOR PROFILE INFORMATION INSTRUCTIONS....98**

9.  **AMENDMENT TEMPLATE.......................................106**

10. **APPLICATION FORM.............................................108**

11. **DIVISION ENFORCMENT PLAN MODEL..................115**

> **APPENDIX 1**
>
> **JOINT ENFORCEMENT AGREEMENT TEMPLATE**

2009 JOINT ENFORCEMENT AGREEMENT

Between

**\[AGENCY\]**

And

The U.S. Department of Commerce

National Oceanic and Atmospheric Administration

National Marine Fisheries Service

Office of Law Enforcement

**I. PURPOSE**

The purpose of this Joint Enforcement Agreement (JEA) between the U.S.
Department of Commerce, (DOC), National Oceanic and Atmospheric
Administration, (NOAA), National Marine Fisheries Service, (NMFS) Office
of Law Enforcement, hereafter "OLE," and the **\[Name of State/Territory
and AGENCY\]**, hereafter "AGENCY," is to facilitate the operations,
administration, and funding of the AGENCY to enforce Federal laws and
regulations under the **\[Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. §1801, et seq.)(Magnuson-Stevens Act), the
Endangered Species Act of 1973 (16 U.S.C. §1531, et seq.)(ESA), the
Lacey Act Amendments of 1981 (U.S.C. §3371, et seq.)(Lacey Act), the
Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. §5101,
et seq.)(ACFCMA), the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
§971, et seq.)(ATCA), the National Marine Sanctuaries Act (16 U.S.C.
§1431, et seq.) (NMSA), the Marine Mammal Protection Act of 1972, (16
U.S.C. §1361, et seq., and the Northern Pacific Halibut Act of 1982 (16
U.S.C. §773, et seq.)(Halibut Act).\] \[Choose all that apply\].**

**II. BACKGROUND AND SCOPE**

This JEA is intended to be consistent with the purposes and intent of
§1861(h) of the Magnuson-Stevens Fishery Conservation and Management
Act, ("MSFCMA"), 16 U.S.C. §1801 et seq. to the extent applicable to the
regulated activities. In addition, this JEA and Operations Plan are
intended to provide a framework for the enforcement of Federal and State
fisheries regulations in the Exclusive Economic Zone (EEZ) offshore of
the State, between the OLE and the AGENCY**.** Central to this JEA is
the prevention and detection of violations by federally deputized
officers from the AGENCY. Key features of this jointly administered plan
include an increased overt presence by the AGENCY to achieve higher
levels of voluntary compliance with Federal regulations, the issuance of
Federal funds by the OLE, and the processing through resolution of
certain specified cases, which could be handled under either Federal or
State law. Where used in this JEA, the term "State" refers to the U.S.
Territory, Commonwealth, or possession in which the AGENCY is located.

**III. AUTHORITY**

**DOC/NOAA has authority to protect the Nation's fisheries and engage in
fishery conservation and management activities under the
Magnuson-Stevens Fishery Conservation Management Act (Magnuson-Stevens
Act) generally. DOC/NOAA is further authorized, under 16 U.S.C. §1861(a)
to enforce provisions of the Magnuson-Stevens Act and, in conducting
such enforcement, to utilize the personnel, services, equipment
(including aircraft and vessels), and facilities of such State agencies
on a reimbursable basis or otherwise.**

**DOC/NOAA has authority to protect the Nation's threatened and
endangered species and engage in their conservation under the Endangered
Species Act (ESA) generally. DOC/NOAA is further authorized, under 16
U.S.C. §1540(e) (1) to enforce provisions of the ESA and, in conducting
such enforcement, to utilize the personnel, services, and facilities of
such State agencies with or without reimbursement.**

**DOC/NOAA has authority to prevent illegal trafficking of fish and
wildlife taken and/or possessed in violation of State, Federal, Indian
tribal and foreign laws and engage in conservation and management
activities under the Lacey Act Amendment (Lacey Act) generally. DOC/NOAA
is further authorized, under 16 U.S.C. §3375(a) to enforce provisions of
the Lacey Act and, in conducting such enforcement, to utilize the
personnel, services, and facilities of such State agencies with or
without reimbursement.**

**DOC/NOAA has authority to protect the Nation's fisheries and engage in
fishery conservation and management activities under the Atlantic
Coastal Fisheries Cooperative Management Act (ACFCMA) generally.
DOC/NOAA is further authorized, under 16 U.S.C. §5106(h) to enforce
provisions of the ACFCMA and, in conducting such enforcement, to utilize
the personnel, services, and facilities of such State agencies on a
reimbursable basis or otherwise.**

**DOC/NOAA has the authority to protect the Nation's highly migratory
species fisheries and engage in fishery conservation and management
activities under the Atlantic Tunas Convention Act of 1975 (ATCA)
generally. DOC/NOAA is further authorized, under 16 U.S.C. §971d (a), to
utilize, with the concurrence of the Secretary of the department in
which the Coast Guard is operating (insofar as utilization involves
enforcement at sea), with or without reimbursement and by agreement with
any agency of any State, the personnel, services, and facilities of that
agency for the enforcement purposes of the ATCA.**

**DOC/NOAA has authority to protect the Nation's national marine
sanctuaries and engage in conservation and management activities under
the National Marine Sanctuaries Act (NMSA) generally. DOC/NOAA is
further authorized under 16 U.S.C. §1437(h), to enforce provisions of
the NMSA and, in conducting such enforcement, to utilize the personnel,
services, and facilities of such State agencies on a reimbursable basis
or otherwise.**

**DOC/NOAA has authority to protect the Nation's marine mammals and
engage in conservation and management activities under the Marine Mammal
Protection Act of 1972 (MMPA) generally. DOC/NOAA is further authorized,
under 16 U.S.C. 1377(b) and 16 U.S.C. §1861(h)(1) to utilize State
personnel, services, and facilities to enforce the provisions of the
MMPA.**

**DOC/NOAA has authority to protect the Nation's Pacific halibut and
engage in their conservation and management activities under the
Northern Pacific Halibut Act (Halibut Act) generally. DOC/NOAA is
further authorized, under 16 U.S.C. §773(i)(a) to enforce provisions of
the Halibut Act and, in conducting such enforcement, to utilize the
personnel, services, and facilities of such State agencies on a
reimbursable basis or otherwise.\]**

The State **\[Territory, Commonwealth\]** has authority to enter into
this agreement and to conduct the activities contemplated by this
agreement under **\[State, Territory, Commonwealth statutory
reference\].**

**IV. TERMS**

A. All enforcement activities under this JEA shall be conducted in
compliance with the Cooperative Enforcement Agreement between the OLE
and the AGENCY, the attached Operations Plan, the attached Financial
Plan, and the Divisional Enforcement Plan. Each of those documents is
incorporated by reference and each is a part hereof.

B. The AGENCY agrees to provide, on a reimbursable basis and/or
otherwise, the following personnel, services, equipment, and facilities:

> 1\. Trained, equipped, and federally deputized officers to perform
> marine law enforcement activities as described in the Operations Plan.
> Their focus will be to determine compliance with Federal fishing
> regulations.

2.  The AGENCY will provide **\[total number\]** hours of specific,
    directed, and targeted marine law enforcement or related activity
    under this agreement **\[including \_\_\_\_\_\_\_\_\_hours of Major
    Program targeted enforcement activity\]\[If applicable\]**. The
    minimum hours of specified patrol activities are specified in the
    Operations Plan. Operational considerations will dictate the number
    of officers deployed for each patrol or activity.

> a\. The ability of the AGENCY to operate within the Operations Plan
> will be subject to limitations which include but are not limited to:
> weather conditions, mechanical problems, compliance with the Federal
> Fair Labor and Standards Act, and emergency deployment due to natural
> disasters or civil disturbances.
>
> b\. During these patrols, AGENCY officers will log all contacts made
> in connection with the obligations set forth in the Operations Plan.
>
> 3\. a. AGENCY officers will enforce Federal fisheries laws and
> regulations guided by the jointly agreed upon targeted enforcement
> activities as outlined in the Operations Plan and the Division
> Enforcement Plan. Those cases whose resolution will be handled by the
> State, e.g., by administrative, civil and/or criminal prosecution,
> restitution, or otherwise, are referenced in paragraph 4 below.
>
> b\. Through the contacts provided in the Operations Plan, the AGENCY
> will immediately contact the OLE upon the detection of any other case
> involving Federal laws under which the OLE has authority, including
> but not limited to the Magnuson-Stevens Act, the Endangered Species
> Act, the Lacey Act, the Marine Mammal Protection Act, the Atlantic
> Coastal Fisheries Cooperative Management Act, the Atlantic Tunas
> Convention Act, and the National Marine Sanctuaries Act, the Marine
> Mammal Protection Act, and Northern Pacific Halibut Act, and upon the
> documentation of those cases outlined in the Operations Plan that
> involve aggravating circumstances.

4\. a. The AGENCY will handle as appropriate through resolution, *e.g.*,
by administrative, civil and/or criminal prosecution, restitution, or
otherwise, in its court system, or in any subordinate court or
administrative system with appropriate jurisdiction within the State,
all cases which may be handled under State law only, and certain cases
which may be handled under either Federal or State law, whether such
cases originate in State or Federal waters. The parties anticipate that
these types of cases comprise many, if not most, of the violations that
will be detected.

> b\. Additionally, the AGENCY will handle as appropriate all cases
> which do not comply with Federal procedures and guidelines, practices,
> laws, and regulations.
>
> c\. The State **\[Territory, Commonwealth\]** hereby certifies that it
> has the authority and jurisdiction to so handle such cases as outlined
> in paragraphs 4(a) and (b), above.
>
> d\. Upon contact/notification as outlined in paragraph 4(b) above, a
> determination of whether the State or the OLE will handle the case
> will be made jointly with the regional NOAA General Counsel for
> Enforcement and Litigation and the appropriate State **\[Territory,
> Commonwealth\]** attorney.
>
> 5\. For those cases involving violations of Federal fisheries or
> marine natural resources laws (i.e. Magnuson-Stevens Act, ESA, NMSA,
> MMPA, and the Lacey Act) detected by AGENCY officers that will be
> prosecuted federally, whether administratively, civilly, or
> criminally, the basic procedures are as follows:
>
> a\. The cases will be documented using AGENCY forms or other forms as
> jointly agreed to by the AGENCY and the OLE and then provided to the
> OLE at the earliest practical date and within statutory and regulatory
> guidelines as outlined in the Operations Plan. The OLE will accept for
> review those cases which are properly prepared for Federal action and
> meet all applicable Federal procedures and guidelines, practices, law,
> and regulations as outlined in the Operations Plan.
>
> b\. To the extent agreed upon in advance or as requested by the OLE
> Special Agent(s), AGENCY officers will conduct follow-up
> investigations of any Federal violation forwarded for Federal action.
> These investigations may include obtaining documents, researching
> records, conducting surveillance and conducting interviews. The AGENCY
> will work closely with the local OLE Special Agent(s) to ensure a good
> flow of information and to address current areas of concern by the OLE
> and/or the Federal administrative, civil and/or criminal attorney(s).
>
> c\. When necessary, AGENCY officers will be made available to testify
> in Federal administrative and judicial proceedings. The OLE will pay
> the approved cost of travel for all AGENCY officers to assist the OLE
> in any Federal administrative or judicial proceeding.
>
> 6\. The AGENCY is encouraged to engage in community education and
> outreach activities as part of this agreement and may incorporate JEA
> funding to develop and distribute promotional and educational material
> for that purpose**.** Outreach and educational activities, if
> applicable, are listed in the Operations Plan. The materials will
> inform the public of the problems the various federally protected
> living marine resources are encountering. It will also inform the
> public of the importance of reporting suspected abuses and possible
> violations of existing State and Federal laws and regulations.

**V. FUNDING**

The OLE transfers \$**\[amount\]** to the AGENCY. All responsibilities
under this JEA are subject to the availability of appropriated funds.

**IF MULTIPLE YEARS DISBURSEMENT RQUESTED USE THIS LANGUAGE:**

The OLE transfers \$**\[amount\]** to the AGENCY. The funds will be
dispersed in installments as follows: the first year \$**\[amount\]**
will be transferred; the second year \$**\[amount\]** will be
transferred; and the third year \$**\[amount\]** will be transferred.
Interest earned on the disbursed monies belongs to the AGENCY. All
responsibilities under this JEA are subject to the availability of
appropriated funds.

**VI. PERIOD**

This JEA becomes effective on **\[date\]** or **\[when signed by the
parties\]**. The JEA expires one (1) year from the effective date.
\[**Or, "two (2) years from the effective date."\]** It may be
terminated before that date by mutual written agreement of the parties.
Any funds not obligated before expiration or termination of this JEA
must be returned to the OLE. In the alternative, the AGENCY may request
the OLE, at least 30 days prior to the expiration or termination of this
JEA, to extend the expiration date of this JEA.

The OLE may, at its sole discretion and so long as this JEA has not
already expired or been terminated, agree to extend the expiration date
of this JEA to any date up to congressionally mandated limit of the
availability of the funds, September 30, **\[YEAR\]**. Any funds
remaining after that date not expended must be promptly returned to the
OLE.

**VII. MEASUREMENT OF PERFORMANCE OBJECTIVES**

The OLE is required to conduct regular division-level inspections and
reviews, and periodic on-site performance reviews in order to verify and
measure the AGENCY's reported activities, expenditures, and overall
performance. The AGENCY will cooperate in these reviews as provided
below.

**VIII*.* RECORD RETENTION/ACCESS**

The AGENCY shall keep such records that relate to work conducted under
this agreement as deemed necessary by the Department of Commerce,
National Marine Fisheries Service, and/or the OLE. Upon written request,
the AGENCY will make available to the OLE, within three (3) business
days, copies of all records, invoices or other evidence of payments to
third parties for all work and services performed for the OLE under this
agreement.

**IX. AUDIT, EXAMINATION, AND REVIEW**

Representatives of the Department of Commerce, its Office of Inspector
General, and the Office of Law Enforcement shall have access, for the
purpose of audit, examination, and review, to any books, documents,
papers, and records of the AGENCY that relate to the work conducted
under this agreement.

**X. CONFIDENTIALITY OF DATA AND INFORMATION**

## Pursuant to this JEA, the OLE may provide confidential data and information to the AGENCY, provided the State has certified to the OLE that State law provides for the confidentiality of that data in accordance 16 U.S.C. §1881(a). (See, 16 U.S.C. §1861(h)).  Where State law cannot maintain that confidentiality, the OLE will not provide the State or its officers with any data that is deemed confidential data pursuant to 16 U.S.C. §1881(a).  If, at anytime during the term of this JEA, the State can show that they can provide for the confidentiality of data pursuant to 16 U.S.C. §1881(a), this JEA may be amended to allow State access to such confidential data.

**XI. INJURIES AND PROTECTION FROM LIABILITY**

AGENCY officers, while acting according to and under the authority of
this JEA may be provided coverage for injuries sustained while enforcing
Federal laws and provided protection from liability, as set forth in the
CEA.

**XII*.* MODIFICATION AND CANCELLATION**

The provisions of this JEA may be modified by amendment or cancelled by
written agreement of both parties. Modifications relating to increased
funding require a detailed account.

Within the rate structure attached, and in furtherance of the overall
goal to maximize the efficiency of enforcement operations, both parties
to this JEA recognize that the AGENCY may have to increase the amount of
hours expended in one category and correspondingly decrease operations
in another category. It may, for example, be necessary to increase
offshore patrol hours and decrease dockside hours to properly address a
particular poaching threat from violators determined to steal the living
marine resources this JEA is dedicated to protect. Estimates for the
amount of legal assistance may increase or decrease. This JEA recognizes
and encourages that flexibility.

**XIII. OTHER PROVISIONS**

Nothing herein is intended to conflict with any current DOC**,** NOAA,
NMFS, or State directives. If any provisions of this JEA are
inconsistent with such directives, those portions of this JEA that are
inconsistent shall be invalid, but the remaining terms and conditions
shall remain in full force and effect. At the first opportunity for
review of the JEA, all necessary changes will be accomplished by either
an amendment to this JEA or by entering into a new agreement, whichever
is deemed expedient to the interest of both parties.

Should disagreements arise on the interpretation of the provisions of
this JEA, or amendments, and/or revisions thereto, that cannot be
resolved at the operating unit level, the area(s) of disagreement shall
be Stated in writing by each party and presented to the

other party for consideration. If agreement on interpretation is not
reached within thirty days, the parties shall forward the written
presentation of the disagreement to respective higher officials for
appropriate resolution.

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

Dale J. Jones Date

Director, Office of Law Enforcement

National Marine Fisheries Service

National Oceanic & Atmospheric Administration

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

\[Name\] Date

\[Rank or Title\]

\[Agency

**APPENDIX 2**

**JEA TEMPLATE**

**INSTRUCTIONS**

**JEA TEMPLATE INSTRUCTIONS**

The Joint Enforcement Agreement (JEA) template is provided as a guide
for States, in conjunction with the regional SAC, to develop a Joint
Enforcement Agreement application.

**The 2009 JEA template is different from previous versions. Be sure to
read over the template and these instructions to understand all of the
changes.**

**THE 2009 JOINT ENFORCEMENT AGREEMENT SHOULD FOLLOW THE FOLLOWING
CONVENTIONS:**

**\--Times New Roman Font, 12 pt.**

**\--Single Spaced**

**\--Justified Right and Left Margins**

**\--Page Numbers at bottom center of each page after the first (i.e.,
no page number on the first page, the second page contains the number
"2" and so on.**

**\--The phrase "2009 Joint Enforcement Agreement" should appear on each
page as a header.**

**\--Only major sections of the JEA should appear in bold.**

**\--Bold sections of the [template]{.underline} indicate areas where
information must be supplied. After the information has been entered,
the bold should be removed. The highlighted bold item is for
identification only.**

**1. HEADER/FOOTER CHANGES**

The template includes a header that identifies the document as the 2009
Joint Enforcement Agreement. It should appear at the top of each page.
To add this information to a header, complete these steps.

Step 1. Click the mouse arrow on your menu bar above the Word document
that says "View."

Step 2. Scroll down to "Header and Footer."

Step 3. Click on "Header and Footer." A box will appear at the top and
bottom of the page.

Step 4. In the box that appears at the top, select the "center" icon,
and then type, in bold and in caps, "**2009 JOINT ENFORCEMENT
AGREEMENT**."

Step 5. To exit, point the arrow at the "close" on the blue dialogue box
titled "Header and Footer" and click.

Step 6. Changes will be made to the Header.

Note: To change a footer, simply follow Steps 1-3 above, make the
changes in the box at the bottom of the page, and follow Step 5 to make
the changes and exit from that function.

2.  **NAME OF AGENCY**

2009 JOINT ENFORCEMENT AGREEMENT

Between

**\[AGENCY\]**

And

The U.S. Department of Commerce

National Oceanic and Atmospheric Administration

National Marine Fisheries Service

Office of Law Enforcement

-   Where **\[AGENCY\]** is called for, list the full name of the agency
    that is completing the JEA. For example, "State of California,
    Department of Fish and Game," or "State of Maryland, Department of
    Natural Resources." Use whatever name is commonly used to identify
    the particular agency.

-   Remove bold highlight

3.  **SECTION 1---PURPOSE**

The purpose of this Joint Enforcement Agreement (JEA) between the U.S.
Department of Commerce, (DOC), National Oceanic and Atmospheric
Administration, (NOAA), National Marine Fisheries Service, (NMFS) Office
of Law Enforcement, hereafter "OLE," and the **\[Name of State/Territory
and AGENCY\]**, hereafter "AGENCY," is to facilitate the operations,
administration, and funding of the AGENCY to enforce Federal laws and
regulations under the **\[Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. §1801, et seq.)(Magnuson-Stevens Act), the
Endangered Species Act of 1973 (16 U.S.C. §1531, et seq.)(ESA), the
Lacey Act Amendments of 1981 (U.S.C. §3371, et seq.)(Lacey Act), the
Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. §5101,
et seq.)(ACFCMA), the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
§971, et seq.)(ATCA), the National Marine Sanctuaries Act (16 U.S.C.
§1431, et seq.) (NMSA), the Marine Mammal Protection Act of 1972, (16
U.S.C. §1361, et seq., and the Northern Pacific Halibut Act of 1982 (16
U.S.C. §773, et seq.)(Halibut Act).\] \[Choose all that apply\].**

Include only this boilerplate, with the additions or deletions called
for. Nothing additional need, or should be, included. Make these
additions or deletions:

-   Where the **\[ Name of State/Territory and AGENCY\]** is called for,
    insert the name of the State, Territory or Commonwealth.

-   [List only the statutory provisions that apply to the
    JEA.]{.underline} Not all provisions may apply. Delete the Acts that
    do not apply to the JEA.

-   Remove bold highlights

-   The term "AGENCY" will be used throughout the document instead of
    the initials of the agency as has been done in the past.

**IMPORTANT**

**LIST ONLY THE STATUTORY PROVISIONS THAT APPLY TO THE STATE AND THE
JEA. THE CEA OFTEN LISTS THE STATUTES THAT APPLY AND MAY BE USED AS A
SOURCE OF INFORMATION. DELETE ANY STATUTES THAT DO NOT APPLY.**

4.  **SECTION II---BACKGROUND AND SCOPE**

This JEA is intended to be consistent with the purposes and intent of
§1861(h) of the Magnuson-Stevens Fishery Conservation and Management
Act, ("MSFCMA"), 16 U.S.C. §1801 et seq. to the extent applicable to the
regulated activities. In addition, this JEA and Operations Plan are
intended to provide a framework for the enforcement of Federal and State
fisheries regulations in the Exclusive Economic Zone (EEZ) offshore of
the State, between the OLE and the AGENCY**.** Central to this JEA is
the prevention and detection of violations by federally deputized
officers from the AGENCY. Key features of this jointly administered plan
include an increased overt presence by the AGENCY to achieve higher
levels of voluntary compliance with Federal regulations, the issuance of
Federal funds by the OLE, and the processing through resolution of
certain specified cases, which could be handled under either Federal or
State law. Where used in this JEA, the term "State" refers to the U.S.
Territory, Commonwealth, or possession in which the AGENCY is located.

Include only this boilerplate. Nothing additional need, or should be,
included.

5.  **SECTION III---AUTHORITY**

**DOC/NOAA has authority to protect the Nation's fisheries and engage in
fishery conservation and management activities under the
Magnuson-Stevens Fishery Conservation Management Act (Magnuson-Stevens
Act) generally. DOC/NOAA is further authorized, under 16 U.S.C. §1861(a)
to enforce provisions of the Magnuson-Stevens Act and, in conducting
such enforcement, to utilize the personnel, services, equipment
(including aircraft and vessels), and facilities of such State agencies
on a reimbursable basis or otherwise.**

**DOC/NOAA has authority to protect the Nation's threatened and
endangered species and engage in their conservation under the Endangered
Species Act (ESA) generally. DOC/NOAA is further authorized, under 16
U.S.C. §1540(e) (1) to enforce provisions of the ESA and, in conducting
such enforcement, to utilize the personnel, services, and facilities of
such State agencies with or without reimbursement.**

**DOC/NOAA has authority to prevent illegal trafficking of fish and
wildlife taken and/or possessed in violation of State, Federal, Indian
tribal and foreign laws and engage in conservation and management
activities under the Lacey Act Amendment (Lacey Act) generally. DOC/NOAA
is further authorized, under 16 U.S.C. §3375(a) to enforce provisions of
the Lacey Act and, in conducting such enforcement, to utilize the
personnel, services, and facilities of such State agencies with or
without reimbursement.**

**DOC/NOAA has authority to protect the Nation's fisheries and engage in
fishery conservation and management activities under the Atlantic
Coastal Fisheries Cooperative Management Act (ACFCMA) generally.
DOC/NOAA is further authorized, under 16 U.S.C. §5106(h) to enforce
provisions of the ACFCMA and, in conducting such enforcement, to utilize
the personnel, services, and facilities of such State agencies on a
reimbursable basis or otherwise.**

**DOC/NOAA has the authority to protect the Nation's highly migratory
species fisheries and engage in fishery conservation and management
activities under the Atlantic Tunas Convention Act of 1975 (ATCA)
generally. DOC/NOAA is further authorized, under 16 U.S.C. §971d (a), to
utilize, with the concurrence of the Secretary of the department in
which the Coast Guard is operating (insofar as utilization involves
enforcement at sea), with or without reimbursement and by agreement with
any agency of any State, the personnel, services, and facilities of that
agency for the enforcement purposes of the ATCA.**

**DOC/NOAA has authority to protect the Nation's national marine
sanctuaries and engage in conservation and management activities under
the National Marine Sanctuaries Act (NMSA) generally. DOC/NOAA is
further authorized under 16 U.S.C. §1437(h), to enforce provisions of
the NMSA and, in conducting such enforcement, to utilize the personnel,
services, and facilities of such State agencies on a reimbursable basis
or otherwise.**

**DOC/NOAA has authority to protect the Nation's marine mammals and
engage in conservation and management activities under the Marine Mammal
Protection Act of 1972 (MMPA) generally. DOC/NOAA is further authorized,
under 16 U.S.C. 1377(b) and 16 U.S.C. §1861(h)(1) to utilize State
personnel, services, and facilities to enforce the provisions of the
MMPA.**

**DOC/NOAA has authority to protect the Nation's Pacific halibut and
engage in their conservation and management activities under the
Northern Pacific Halibut Act (Halibut Act) generally. DOC/NOAA is
further authorized, under 16 U.S.C. §773(i)(a) to enforce provisions of
the Halibut Act and, in conducting such enforcement, to utilize the
personnel, services, and facilities of such State agencies on a
reimbursable basis or otherwise.\]**

The State **\[Territory, Commonwealth\]** has authority to enter into
this agreement and to conduct the activities contemplated by this
agreement under **\[State, Territory, Commonwealth statutory
reference\].**

Include only this boilerplate. Make these additions:

-   Include only those provisions that are applicable to the work to be
    completed.

-   In the last sentence use the appropriate designation for the type of
    government entity applying for the JEA.

-   Where **\[State/Territory/Commonwealth statutory reference\]** is
    called for, insert the correct statutory provision in the proper
    form.

-   Remove bold highlight.

6.  **SECTION IV---TERMS**

A. All enforcement activities under this JEA shall be conducted in
compliance with the Cooperative Enforcement Agreement between the OLE
and the AGENCY, the attached Operations Plan, the attached Financial
Plan, and the Divisional Enforcement Plan. Each of those documents is
incorporated by reference and each is a part hereof.

B. The AGENCY agrees to provide, on a reimbursable basis and/or
otherwise, the following personnel, services, equipment, and facilities:

> 1\. Trained, equipped, and federally deputized officers to perform
> marine law enforcement activities as described in the Operations Plan.
> Their focus will be to determine compliance with Federal fishing
> regulations.

2.  The AGENCY will provide **\[total number\]** hours of specific,
    directed, and targeted marine law enforcement or related activity
    under this agreement \[including \_\_\_\_\_\_\_\_\_hours of Major
    Program targeted enforcement activity\]\[If applicable\]. The
    minimum hours of specified patrol activities are specified in the
    Operations Plan. Operational considerations will dictate the number
    of officers deployed for each patrol or activity.

> a\. The ability of the AGENCY to operate within the Operations Plan
> will be subject to limitations which include but are not limited to:
> weather conditions, mechanical problems, compliance with the Federal
> Fair Labor and Standards Act, and emergency deployment due to natural
> disasters or civil disturbances.
>
> b\. During these patrols, AGENCY officers will log all contacts made
> in connection with the obligations set forth in the Operations Plan.
>
> 3\. a. AGENCY officers will enforce Federal fisheries laws guided by
> the jointly agreed upon priorities as outlined in the Operations Plan.
> Those cases whose resolution will be handled by the State, e.g., by
> administrative, civil and/or criminal prosecution, restitution, or
> otherwise, are referenced in paragraph 5 below and further outlined in
> the Operations Plan.
>
> b\. Through the contacts provided in the Operations Plan, the AGENCY
> will immediately contact the OLE upon the detection of any other case
> involving Federal laws under which the OLE has authority, including
> but not limited to the Magnuson-Stevens Act, the Endangered Species
> Act, the Lacey Act, the Marine Mammal Protection Act, the Atlantic
> Coastal Fisheries Cooperative Management Act, the Atlantic Tunas
> Convention Act, and the National Marine Sanctuaries Act, Northern
> Pacific Halibut Act, and upon the documentation of those cases
> outlined in the Operations Plan that involve aggravating
> circumstances.

4\. a. The AGENCY will handle as appropriate through resolution, *e.g.*,
by administrative, civil and/or criminal prosecution, restitution, or
otherwise, in its court system, or in any subordinate court or
administrative system with appropriate jurisdiction within the State,
all cases which may be handled under State law only, and certain cases
which may be handled under either Federal or State law, whether such
cases originate in State or Federal waters. The parties anticipate that
these types of cases comprise many, if not most, of the violations that
will be detected.

> b\. Additionally, the AGENCY will handle as appropriate all cases
> which do not comply with Federal procedures and guidelines, practices,
> laws, and regulations, which are outlined in the Operations Plan.
>
> c\. The State **\[Territory, Commonwealth\]** hereby certifies that it
> has the authority and jurisdiction to so handle such cases as outlined
> in paragraphs 5(a) and (b), above.
>
> d\. Upon contact/notification as outlined in paragraph 4(b) above, a
> determination of whether the State or the OLE will handle the case
> will be made jointly with the regional NOAA General Counsel for
> Enforcement and Litigation and the appropriate State **\[Territory,
> Commonwealth\]** attorney.
>
> 5\. For those cases involving violations of Federal fisheries or
> marine natural resources laws (i.e. Magnuson-Stevens Act, ESA, NMSA,
> and the Lacey Act) detected by AGENCY officers that will be prosecuted
> federally, whether administratively, civilly, or criminally, the basic
> procedures are as follows:
>
> a\. The cases will be documented using AGENCY forms or other forms as
> jointly agreed to by the AGENCY and the OLE and then provided to the
> OLE at the earliest practical date and within statutory and regulatory
> guidelines as outlined in the Operations Plan. The OLE will accept for
> review those cases which are properly prepared for Federal action and
> meet all applicable Federal procedures and guidelines, practices, law,
> and regulations as outlined in the Operations Plan.
>
> b\. To the extent agreed upon in advance or as requested by the OLE
> Special Agent(s), AGENCY officers will conduct follow-up
> investigations of any Federal violation forwarded for Federal action.
> These investigations may include obtaining documents, researching
> records, conducting surveillance and conducting interviews. The AGENCY
> will work closely with the local OLE Special Agent(s) to ensure a good
> flow of information and to address current areas of concern by the OLE
> and/or the Federal administrative, civil and/or criminal attorney(s).
>
> c\. When necessary, AGENCY officers will be made available to testify
> in Federal administrative and judicial proceedings. The OLE will pay
> the approved cost of travel for all AGENCY officers to assist the OLE
> in any Federal administrative or judicial proceeding.
>
> 6\. The AGENCY may incorporate JEA funding to develop and distribute
> promotional and educational material for their community oriented
> policing project. The materials will inform the public of the problems
> the various living marine resources are encountering. It will also
> inform the public of the importance of reporting suspected abuses and
> possible violations of existing State and Federal laws and
> regulations. AGENCY officers will distribute the material at
> tournaments, public appearances, sportsmen and boat shows, fishing
> tackle shops, and through their programs.

Include only this boilerplate, with the additions called for. Nothing
additional need, or should be, included. Make these additions:

-   In B(2), where **\[total number\] of hours** is called for, insert
    the total number of man hours to be provided under the terms of the
    JEA.

-   Where the provision calls for a designation of State, Territory or
    Commonwealth, enter the appropriate designation.

-   Remove bold highlights.

7.  **SECTION V---FUNDING**

**FOR SINGLE YEAR AGREEMENTS, USE THIS LANGUAGE:**

The OLE transfers \$**\[amount\]** to the AGENCY. All responsibilities
under this JEA are subject to the availability of appropriated funds.

**IF MULTIPLE YEARS DISBURSEMENT RQUESTED USE THIS LANGUAGE:**

The OLE transfers \$**\[amount\]** to the AGENCY. The funds will be
dispersed in installments as follows: the first year \$**\[amount\]**
will be transferred; the second year \$**\[amount\]** will be
transferred; and the third year \$**\[amount\]** will be transferred.
Interest earned on the disbursed monies belongs to the AGENCY. All
responsibilities under this JEA are subject to the availability of
appropriated funds.

Include only this boilerplate, with the additions called for. Nothing
additional need, or should be, included. Make these additions:

-   Where **\[amount\]** is called for, insert the total dollar amount
    of the JEA award from the Costing Plan.

-   Remove bold highlights.

8.  **SECTION VI\--PERIOD**

This JEA becomes effective on **\[date\]** or \[when signed by the
parties\]. The JEA expires one (1) year from the effective date. \[**Or,
"two (2) years from the effective date."\]** It may be terminated before
that date by mutual written agreement of the parties. Any funds not
obligated before expiration or termination of this JEA must be returned
to the OLE. In the alternative, the AGENCY may request the OLE, at least
30 days prior to the expiration or termination of this JEA, to extend
the expiration date of this JEA.

The OLE may, at its sole discretion and so long as this JEA has not
already expired or been terminated, agree to extend the expiration date
of this JEA to any date up to congressionally mandated limit of the
availability of the funds, September 30, **\[YEAR\]**. Any funds
remaining after that date not expended must be promptly returned to the
OLE.

-   Include only this boilerplate, except where certain information is
    called for. Nothing additional need, or should be, included.

-   In the first sentence, insert the date the JEA is to become
    effective; or insert the words "when the agreement is signed by both
    parties."

-   Remove bold highlights

**8. SECTION VII*.* MEASUREMENT OF PERFORMANCE OBJECTIVES**

The OLE is required to conduct regular division-level inspections and
reviews, and periodic on-site performance reviews in order to verify and
measure the AGENCY's reported activities, expenditures, and overall
performance. The AGENCY will cooperate in these reviews as provided
below.

-   Include only this boilerplate. Nothing additional need, or should
    be, included.

**9. SECTION VIII. RECORD RETENTION/ACCESS**

The AGENCY shall keep such records that relate to work conducted under
this agreement as deemed necessary by the Department of Commerce,
National Marine Fisheries Service, and/or the OLE. Upon written request,
the AGENCY will make available to the OLE, within three (3) business
days, copies of all records, invoices or other evidence of payments to
third parties for all work and services performed for the OLE under this
agreement.

\* Include only this boilerplate. Nothing additional need, or should be,
included.

**10. SECTION IX. AUDIT, EXAMINATION, AND REVIEW**

Representatives of the Department of Commerce, its Office of Inspector
General, and the Office of Law Enforcement shall have access, for the
purpose of audit, examination, and review, to any books, documents,
papers, and records of the AGENCY that relate to the work conducted
under this agreement.

\* Include only this boilerplate. Nothing additional need, or should be,
included.

**11. SECTION X. CONFIDENTIALITY OF DATA AND INFORMATION**

## Pursuant to this JEA, the OLE may provide confidential data and information to the AGENCY, provided the State has certified to the OLE that State law provides for the confidentiality of that data in accordance 16 U.S.C. §1881(a). (See, 16 U.S.C. §1861(h)).  Where State law cannot maintain that confidentiality, the OLE will not provide the State or its officers with any data that is deemed confidential data pursuant to 16 U.S.C. §1881(a).  If, at anytime during the term of this JEA, the State can show that they can provide for the confidentiality of data pursuant to 16 U.S.C. §1881(a), this JEA may be amended to allow State access to such confidential data.

-   Include only this boilerplate. Nothing additional need, or should
    be, included.

**12. SECTION XI. INJURIES AND PROTECTION FROM LIABILITY**

AGENCY officers, while acting according to and under the authority of
this JEA may be provided coverage for injuries sustained while enforcing
Federal laws and provided protection from liability, as set forth in the
CEA.

-   Include only this boilerplate. Nothing additional need, or should
    be, included.

**13. SECTION XII*.* MODIFICATION AND CANCELLATION**

The provisions of this JEA may be modified by amendment or cancelled by
written agreement of both parties. Modifications relating to increased
funding require a detailed account.

Within the rate structure attached, and in furtherance of the overall
goal to maximize the efficiency of enforcement operations, both parties
to this JEA recognize that the AGENCY may have to increase the amount of
hours expended in one category and correspondingly decrease operations
in another category. It may, for example, be necessary to increase
offshore patrol hours and decrease dockside hours to properly address a
particular poaching threat from violators determined to steal the living
marine resources this JEA is dedicated to protect. Estimates for the
amount of legal assistance may increase or decrease. This JEA recognizes
and encourages that flexibility.

-   Include only this boilerplate. Nothing additional need, or should
    be, included.

**16. SECTION XIII. OTHER PROVISIONS**

Nothing herein is intended to conflict with any current DOC**,** NOAA,
NMFS, or State directives. If any provisions of this JEA are
inconsistent with such directives, those portions of this JEA that are
inconsistent shall be invalid, but the remaining terms and conditions
shall remain in full force and effect. At the first opportunity for
review of the JEA, all necessary changes will be accomplished by either
an amendment to this JEA or by entering into a new agreement, whichever
is deemed expedient to the interest of both parties.

Should disagreements arise on the interpretation of the provisions of
this JEA, or amendments, and/or revisions thereto, that cannot be
resolved at the operating unit level, the area(s) of disagreement shall
be Stated in writing by each party and presented to the other party for
consideration. If agreement on interpretation is not reached within
thirty days, the parties shall forward the written presentation of the
disagreement to respective higher officials for appropriate resolution.

-   Include only this boilerplate. Nothing additional need, or should
    be, included.

14. **SIGNATURE BLOCKS**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

Dale J. Jones Date

Director, Office of Law Enforcement

National Marine Fisheries Service

National Oceanic & Atmospheric Administration

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

\[Name\] Date

\[Rank or Title\]

\[Agency\]

Insert the signing official's full name, rank or title, and agency. The
Signature line and date will be filled in at a later time.

**NOTE: Add additional signature blocks as required for additional
officials who are required to sign.**

**APPENDIX 3**

**OPERATIONS PLAN TEMPLATE**

**STATE \[TERRITORY, COMMONWEALTH\] OF \[ \]**

**2009 JOINT ENFORCEMENT AGREEMENT**

**I. PURPOSE**

The purpose of this Operations Plan is to set forth the specific
operational requirements necessary to carry out the provisions of the
Joint Enforcement Agreement (JEA) between the U.S. Department of
Commerce, National Oceanic and Atmospheric Administration, National
Marine Fisheries Service, Office of Law Enforcement, hereafter, "OLE,"
and the State **\[Territory, Commonwealth\]** of **\[Name\],
\[AGENCY\],** hereafter "AGENCY." Further, this Operations Plan explains
the methods by which compliance is to be accomplished.

**II. SCOPE OF PLAN**

This Operations Plan identifies living marine resource and conservation
priorities targeted for increased enforcement under the JEA, explains
and describes, and, in conjunction with the Divisional Enforcement Plan,
elaborates upon the work to be performed by the AGENCY, describes the
equipment, services, or property that will be purchased with JEA funds,
describes expenditures for the benefit of the AGENCY, mandates reporting
requirements, sets forth enforcement guidelines, and identifies points
of contact for the AGENCY and the OLE.

**III. DESCRIPTION OF ENFORCEMENT ACTIVITY TO BE PERFORMED**

Subject to the availability of appropriate funding, the AGENCY will
provide the OLE with fully trained, equipped and federally deputized
officers to conduct specific, directed, and targeted enforcement
activities by patrolling at sea and dockside using AGENCY equipment to
increase compliance with Federal law and regulations, and/or, as may be
provided herein, other fully trained and equipped AGENCY personnel to
conduct administrative or clerical activities necessary for the
administration of this JEA. The OLE and the AGENCY have identified the
following Federal targeted enforcement activities that will be addressed
and the work that will be performed during the term of the JEA (or
attach separate explanation of detailed work to be performed). *A
detailed explanation of Federal targeted enforcement activity is
contained in the Divisional Enforcement Plan attached hereto.*

A.  TARGETED ENFORCEMENT ACTIVITIES: The AGENCY will conduct the
    following specific, directed, and targeted enforcement activities
    consistent with the goals of this JEA.

> 1\. \[Describe activity\]
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> **Season (Check all that apply)**:
>
> Year Round
>
> Spring
>
> Summer
>
> Fall
>
> Winter
>
> From \_\_\_\_\_\_ to \_\_\_\_\_\_\_
>
> Other\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> **Location/Type of Activity (Check all that apply)**
>
> Dockside/Inspection
>
> At Sea/Off-shore
>
> Aviation
>
> \[ADD AS MANY TARGETED ENFORCEMENT ACTIVITIES AS NECESSARY\]

B.  ADMINISTRATIVE/CLERICAL ACTIVITIES: The AGENCY will provide the
    following administrative or clerical activities in support of this
    JEA.

> \[Describe activity\]
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Full Time

Part time

C.  OUTREACH AND EDUCATION ACTIVITIES: The AGENCY will provide outreach
    and education activities consistent with the goals of this JEA.

> \[Describe activity\]
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

D.  MAJOR PROGRAM ACTIVITY (If Applicable): The AGENCY will provide
    specific, directed, and targeted enforcement activities in support
    of the following NOAA major programs.

>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_National
> Marine Sanctuary
>
> ALWTRP
>
> Other, Specify\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \[Describe activity\]
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> **Season (Check all that apply)**:
>
> Year Round
>
> Spring
>
> Summer
>
> Fall
>
> Winter
>
> From \_\_\_\_\_\_ to \_\_\_\_\_\_\_
>
> Other\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> **Location/Type of Activity (Check all that apply)**

Dockside/Inspection

> At Sea/Off-shore
>
> Aviation
>
> \[ADD ADDITIONAL MAJOR PROGRAM ACTIVITY AS NECESSARY\]

E.  SUMMARY OF WORK TO BE PERFORMED: The AGENCY will provide the
    following minimum hours of specific, directed, and targeted
    enforcement, or related marine law enforcement activities.

    1.  Targeted Enforcement

> At-Sea \_\_\_\_\_\_\_

a.  Vessel hours \_\_\_\_\_\_\_

b.  Personnel hours \_\_\_\_\_\_\_

> Dockside/Inspection \_\_\_\_\_\_\_
>
> Air \_\_\_\_\_\_\_

2.  Administrative/Clerical Hours \_\_\_\_\_\_\_

3.  Outreach/Education Hours \_\_\_\_\_\_\_

4.  Major Program Hours

> At-Sea \_\_\_\_\_\_\_

1.  Vessel hours \_\_\_\_\_\_\_

2.  Personnel hours \_\_\_\_\_\_\_

> Dockside/Inspection \_\_\_\_\_\_\_\_
>
> Air \_\_\_\_\_\_\_

Total JEA Hours \_\_\_\_\_\_\_

**IV. ADDITIONAL OPERATIONAL DETAILS**

> A. Allocating patrol hours to a particular vessel or geographic
> location will be made on the basis of operational needs with the
> overall goal of achieving the highest possible compliance with Federal
> fishing regulations. Operational considerations will dictate the
> number of officers deployed for each patrol.

B.  The OLE and the AGENCY recognize that Federal enforcement priorities
    may change during the course of the JEA. In the event that a change
    in enforcement strategy is required, and so long as the AGENCY has
    the resources and is capable of performing the additional duties,
    the OLE and the State may, by amendment, or, in the case of the
    Divisional Enforcement Plan, other written agreement, modify the
    work to be performed or equipment, services, or property to be
    purchased under the JEA..

C.  The AGENCY will notify the OLE of any incident in which AGENCY
    officers performing work under this JEA use any degree of force in
    the course of their duties which results in injury or death.  Such
    notification will include the date, time, location, type of force
    used, identity of person(s) injured and nature of injuries.  Upon
    written request from the Director, OLE, or the Office of General
    Counsel for Enforcement and Litigation, (GCEL), the AGENCY will
    provide all information related to the incident to the OLE or the
    GCEL.  Any information provided by the AGENCY shall be subject to
    all confidentiality provisions as provided by Federal law.

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```
V.  **EXTERNAL COSTS**

> A. The AGENCY will purchase the following equipment, services, or
> property with JEA funds during the term of this JEA. Any equipment,
> service, or property purchased will be used primarily for marine
> conservation law enforcement. *A detailed explanation is set forth in
> the Financial Plan attached hereto.*

1.  Equipment:

2.  Services:

3.  Property:

4.  Other, Specify:

> B. The AGENCY will, within 30 days of the purchase of any equipment,
> service, or property, set forth in this JEA, provide copies of proof
> of purchase to the OLE.

**VI. ENFORCEMENT GUIDELINES**

> A. The OLE and the AGENCY have created a Divisional Enforcement Plan
> which, in conjunction with the Operations Plan, will serve as the
> day-to-day operational framework for the JEA. It contains those
> Federal priorities that will be targeted for increased enforcement by
> the AGENCY during this JEA. Further, it provides a schedule of when
> targeted enforcement will occur and other operational details,
> including how contacts and inspections are recorded. The Divisional
> Enforcement Plan is intended to be a tool for the efficient and
> effective management of this JEA. Alterations, modifications, and
> changes to the Divisional Enforcement Plan are expected as needs and
> priorities change during the course of this JEA. As such, the
> Divisional Enforcement Plan needs to be as flexible as possible and so
> details can be altered, modified, or changed by written agreement of
> the parties. No formal amendment to the JEA or Operations Plan is
> required unless substantive provisions of the JEA or Operations Plan
> are to be altered, modified, or changed as well.

A.  The AGENCY will immediately contact the OLE upon documentation of
    any other case involving Federal laws under with NOAA has authority,
    including but not limited to the Magnuson-Stevens Act, the
    Endangered Species Act, the Lacey Act, the Marine Mammal Protection
    Act, the Atlantic Tunas Convention Act, and the National Marine
    Sanctuaries Act, and upon the documentation of those cases that
    involve aggravating circumstances. A determination of whether the
    State or OLE will handle the case will be made jointly with the
    regional NOAA General Counsel for Enforcement and Litigation and the
    appropriate State attorney.

**VII. ASSISTANCE OBTAINING MAGNUSON-STEVENS ACT CONFIDENTIAL DATA**

A. The Magnuson-Stevens Marine Fishery Conservation and Management Act
allows State law enforcement personnel access to Magnuson-Stevens Act
confidential data, for enforcement purposes, pursuant to 16 USC 1881a
(b)(1)(C). In some cases the AGECNY and/or OFFICER will have direct
access to Magnuson-Stevens Act confidential data, for enforcement
purposes, via arrangements with OLE. In other cases, Magnuson-Stevens
Act confidential data will not be directly accessible to the AGENCY
and/or OFFICER (e.g. data maintained by NMFS Regions, NMFS Science
Centers, NMFS Offices, and/or OLE). In these cases the AGENCY and/or its
OFFICERS will follow the procedures outlined below to obtain access to
Magnuson-Stevens Act confidential information to which they do not
otherwise have direct access.

> B. If the AGENCY or OFFICER needs access to Magnuson-Stevens Act
> confidential data to which they do not otherwise have direct access,
> for enforcement purposes, the AGENCY or OFFICER shall request (either
> orally or in writing) the assistance of OLE in obtaining said data.
> Any such request should be directed to the JEA technician responsible
> for this JEA. In the event that the JEA technician is unavailable,
> request should be directed to the JEA contact listed for this JEA. In
> the event that the JEA contact is unavailable, the request may be
> directed to the SAC or DSAC for the OLE Region in which the AGENCY is
> located.

**VIII. REPORTING**

> A. The AGENCY will submit monthly reports of all activities, using the
> OLE's web-based reporting system, if required, or other suitable means
> approved by the OLE, in a format established by the OLE or an
> AGENCY-designed format approved by the OLE, by the 15^th^ of every
> month. 
>
> B. The monthly report will include, but is not limited to, all
> targeted enforcement activity at-sea and dockside hours; air patrol
> hours; administrative and clerical hours; outreach and education
> hours; the number of commercial, recreational, and/or
> headboat/tournament fishing contacts, by fishery or fishery management
> plan; the number of inspections; and the number of enforcement
> actions, which include warnings, citations, and/or arrests, and
> summary settlements.  The AGENCY will provide a separate list of every
> citation issued or arrest made during the month, categorized by
> fishery or fishery management plan and will include the citation or
> arrest number. In addition, the AGENCY will report all education and
> outreach activities and will report the number of activities and the
> estimated number of individuals attending each activity.
>
> C. The Special Agent-in-Charge of the division in which the AGENCY is
> located may request the AGENCY to provide additional information or
> reports as needed to manage, plan, and evaluate AGENCY performance
> under this JEA.
>
> D. In addition, the AGENCY will prepare and submit an annual report to
> the OLE containing a summary of all of the activities set forth in the
> monthly reports, any other measurable performance objectives, and any
> other relevant information requested by the OLE or desired by the
> AGENCY which explains or highlights activities undertaken under this
> JEA, within 90 calendar days of the expiration of this JEA.

**\[OR, for multiple year JEA's, use:**

> In addition, an annual report will be produced at the end of each year
> of this JEA, published, and forwarded to the OLE within 90 calendar
> days. A final report will be produced, published, and forwarded within
> 90 calendar days after the expiration of this JEA\].

**IX. CONTROLLING STATUTES, REGULATIONS, ETC.**

> For purposes of this JEA and Operations Plan, Federal procedures and
> guidelines, practices, and law may include but are not limited to the
> following:
>
> The Magnuson-Stevens Act, the Endangered Species Act, the Lacey Act,
> the Atlantic Tunas Convention Act, the National Marine Sanctuaries
> Act, the Atlantic Coastal Fisheries Cooperative Management Act, the
> Northern Pacific Halibut Act, the Freedom of Information Act, the
> Privacy Act, and regulations and notices issued there under;
>
> In addition to the regulations above, all other regulations and
> notices issued under the authority of DOC, including but not limited
> to:
>
> 15 C.F.R. Part 904;
>
> 50 C.F.R. Parts 600 and 622;

The Civil Asset Forfeiture Reform Act of 2000 (CAFRA);

The Small Business Regulatory Enforcement Fairness Act (SBREFA);

Applicable DOJ provisions.

**X. CONTACTS**

> For AGENCY: **\[Name, title, work phone, and email address\]**
>
> For OLE: **\[Name, title, work phone, and email address\]**

Attachments:

Divisional Enforcement Plan

Financial Plan

Vendor Profile Form

**APPENDIX 4**

**OPERATIONS PLAN TEMPLATE**

**INSTRUCTIONS**

INSTRUCTIONS

FOR COMPLETING 2009 OPERATIONS PLAN TEMPLATE

The Operations Plan template is provided as a guide for States and
Territories, in conjunction with the regional SAC, to develop an
operations plan in support of a Joint Enforcement Agreement application.

**The 2009 Operations Plan template is different from previous versions.
Be sure to read over the template and these instructions to understand
all of the changes.**

**THE 2009 OPERATIONS PLAN AND ALL ASSOCATED DOCUMENTS SHOULD FOLLOW THE
FOLLOWING CONVENTIONS:**

**\--Times New Roman Font, 12 pt.**

**\--Single Spaced**

**\--Justified Right and Left Margins**

**\--Page Numbers at bottom center of each page after the first (i.e.,
no page number on the first page, the second page contains the number
"2" and so on.**

**\--The phrase "ADDENDUM ONE, OPERATIONS PLAN, STATE OF \[ \]" should
appear on each page as a header.**

**\--Only major sections of the Operations Plan should appear in bold.**

**\--Bold sections of the [template]{.underline} indicate areas where
information must be supplied. After the information has been entered,
the bold should be removed. The highlighted bold item is for
identification only.**

**HEADER/FOOTER CHANGES**

The template includes a header. To create a header or footer, complete
these steps.

Step 1. Click the mouse arrow on your menu bar above the Word document
that says "View."

Step 2. Scroll down to "Header and Footer."

Step 3. Click on "Header and Footer." A box will appear at the top and
bottom of the page.

Step 4. To make changes or add a State, Territory or Commonwealth name,
simply type in the name in the appropriate place.

Step 5. To exit, point the arrow at the "close" on the blue dialogue box
titled "Header and Footer" and click.

Step 6. Changes will be made to the Header.

Note: To change a footer, simply follow Steps 1-3 above, make the
changes in the box at the bottom of the page, and follow Step 5 to make
the changes and exit from that function.

**HEADER**

**ADDENDUM ONE**

**OPERATIONS PLAN**

**STATE \[TERRITORY, COMMONWEALTH\] OF \[NAME\]**

**2009 JOINT ENFORCEMENT AGREEMENT**

-   Enter the appropriate designation of the governmental entity\--
    State, Territory, or Commonwealth.

-   Where **\[NAME\]** is called for, insert the name of the entity.

-   Remove bold highlight.

**SECTION 1---PURPOSE**

> The purpose of this Operations Plan is to set forth the specific
> operational requirements necessary to carry out the provisions of the
> Joint Enforcement Agreement (JEA) between the U.S. Department of
> Commerce, National Oceanic and Atmospheric Administration, National
> Marine Fisheries Service, Office of Law Enforcement, hereafter "OLE,"
> and the State **\[Territory, Commonwealth\]** of **\[Name\],
> \[AGENCY\]**, hereafter "AGENCY". Further, this Operations Plan
> explains the methods by which compliance is to be accomplished.

Include only this boilerplate, with the additions called for. Nothing
additional need, or should be, included. Make these additions:

-   Enter the correct governmental entity---State, Territory or
    Commonwealth.

-   Where **\[Name\]** is called for, list the full name of the State.

-   Where **\[AGENCY\]** is called for, insert the full name of the
    agency. There is no need to insert abbreviations in the Operations
    Plan.

-   Remove bold highlights.

**SECTION II---SCOPE OF PLAN**

This Operations Plan identifies living marine resource and conservation
priorities targeted for increased enforcement under the JEA, explains
and describes, and, in conjunction with the Divisional Enforcement Plan,
elaborates upon the work to be performed by the AGENCY, describes the
equipment, services, or property that will be purchased with JEA funds,
describes expenditures for the benefit of the AGENCY, mandates reporting
requirements, sets forth enforcement guidelines, and identifies points
of contact for the AGENCY and the OLE.

-   Include only this boilerplate. Nothing additional need, or should
    be, included.

**SECTION III---DESCRIPTION OF ENFORCEMENT ACTIVITY TO BE PERFORMED**

Subject to the availability of appropriate funding, the AGENCY will
provide the OLE with fully trained, equipped and federally deputized
officers to conduct specific, directed, and targeted enforcement
activities by patrolling at sea and dockside using AGENCY equipment to
increase compliance with Federal law and regulations, and/or, as may be
provided herein, other fully trained and equipped AGENCY personnel to
conduct administrative or clerical activities necessary for the
administration of this JEA. The OLE and the AGENCY have identified the
following Federal targeted enforcement activities that will be addressed
and the work that will be performed during the term of the JEA (or
attach separate explanation of detailed work to be performed). *A
detailed explanation of Federal targeted enforcement activity is
contained in the Divisional Enforcement Plan attached hereto.*

A.  TARGETED ENFORCEMENT ACTIVITIES: The AGENCY will conduct the
    following specific, directed, and targeted enforcement activities
    consistent with the goals of this JEA.

> 1\. \[Describe activity\]
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> **Season (Check all that apply)**:
>
> Year Round
>
> Spring
>
> Summer
>
> Fall
>
> Winter
>
> From \_\_\_\_\_\_ to \_\_\_\_\_\_\_
>
> Other\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> **Location/Type of Activity (Check all that apply)**
>
> Dockside/Inspection
>
> At Sea/Off-shore
>
> Aviation
>
> \[ADD AS MANY TARGETED ENFORCEMENT ACTIVITIES AS NECESSARY\]

-   Include only this boilerplate, with the additions called for.
    Include the following information:

-   In the space marked "1", describe in detail what activity is being
    targeted for enforcement.

-   Check the appropriate box(es) for the "Season," when the activity
    will occur, or enter the month the activity will begin and end, or
    enter any other specific time frame..

-   Check the appropriate box(es) that describe where the activity will
    occur.

> **ADD AS MANY "TARGETED ENFORCEMENT ACTIVITIES" SECTIONS AS
> NECESSARY**

A.  ADMINISTRATIVE/CLERICAL ACTIVITIES: The AGENCY will provide the
    following administrative or clerical activities in support of this
    JEA.

> \[Describe activity\]
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Full Time

Part time

-   Include only this boilerplate, with the additions called for.
    Include the following information:

-   In the space provided, describe in detail what administrative or
    clerical activity is being proposed.

-   Check the appropriate box(es) to specify whether the position will
    be a full-time or part-time position.

    A.  OUTREACH AND EDUCATION ACTIVITIES: The AGENCY will provide
        outreach and education activities consistent with the goals of
        this JEA.

> \[Describe activity\]
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

-   Include only this boilerplate, with the additions called for.
    Include the following information:

-   In the space provided, describe in detail what outreach and
    education activity is being proposed.

    A.  MAJOR PROGRAM ACTIVITY (If Applicable): The AGENCY will provide
        specific, directed, and targeted enforcement activities in
        support of the following NOAA major programs.

>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_National
> Marine Sanctuary
>
> ALWTRP
>
> Other, Specify\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \[Describe activity\]
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> **Season (Check all that apply)**:
>
> Year Round
>
> Spring
>
> Summer
>
> Fall
>
> Winter
>
> From \_\_\_\_\_\_ to \_\_\_\_\_\_\_
>
> Other\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> **Location/Type of Activity (Check all that apply)**

Dockside/Inspection

> At Sea/Off-shore
>
> Aviation

-   Include only this boilerplate, with the additions called for.
    Include the following information:

-   Check the appropriate box for the type of major program being
    targeted. Insert the name of the sanctuary, if the work relates to
    work for the sanctuary program. For any other major program, other
    than ALWTRP or the NMS, insert the name of the program.

-   In the space provided, describe in detail what activity is being
    targeted for enforcement.

-   Check the appropriate box(es) for the "Season," when the activity
    will occur, or enter the month the activity will begin and end, or
    enter any other specific time frame.

-   Check the appropriate box(es) that describe where the activity will
    occur.

-   ADD ADDITIONAL MAJOR PROGRAM ACTIVITY AS NECESSARY

    A.  SUMMARY OF WORK TO BE PERFORMED: The AGENCY will provide the
        following minimum hours of specific, directed, and targeted
        enforcement, or related marine law enforcement activities.

    ```{=html}
    <!-- -->
    ```
    1.  Targeted Enforcement

> At-Sea \_\_\_\_\_\_\_

a.  Vessel hours \_\_\_\_\_\_\_

b.  Personnel hours \_\_\_\_\_\_\_

> Dockside/Inspection \_\_\_\_\_\_\_
>
> Air \_\_\_\_\_\_\_
>
> 2\. Administrative/Clerical Hours \_\_\_\_\_\_\_
>
> 3\. Outreach/Education Hours \_\_\_\_\_\_\_
>
> 4\. Major Program Hours
>
> At-Sea \_\_\_\_\_\_\_

1.  Vessel hours \_\_\_\_\_\_\_

2.  Personnel hours \_\_\_\_\_\_\_

> Dockside/Inspection \_\_\_\_\_\_\_\_
>
> Air \_\_\_\_\_\_\_

-   Include only this boilerplate, with the additions called for.
    Include the following information:

-   For Targeted Enforcement:

-   Insert the total number of hours of At-Sea activity that will be
    provided in the space provided.

-   Insert the total number of hours of At-Sea activity that will be
    represented by vessel hours and personnel hours in the appropriate
    spaces

-   Insert the total number of hours of dockside or inspection work that
    will be provided in the appropriate space

-   Insert the total number of hours of air patrol that will be provided
    in the appropriate space.

-   If no hours are provided in any category, insert a "0" in the
    appropriate space.

-   For Administrative/Clerical Hours, insert the total number of hours
    of clerical or administrative activity that will be provided in the
    appropriate space.

-   For Outreach/Education Hours, insert the total number of hours of
    outreach/eduction activity that will be provided in the appropriate
    space.

-   For Major Program Activity:

-   Insert the total number of hours of At-Sea activity that will be
    provided in the space provided.

-   Insert the total number of hours of At-Sea activity that will be
    represented by vessel hours and personnel hours in the appropriate
    spaces

-   Insert the total number of hours of dockside or inspection work that
    will be provided in the appropriate space

-   Insert the total number of hours of air patrol that will be provided
    in the appropriate space.

> Total JEA Hours \_\_\_\_\_\_\_

In the space provided, add the total number of hours of activity for
each category and insert the sum in the space "Total JEA Hours." This
number should be the same as the number cited in Section IV (B)(2) of
the JEA.

**IV. ADDITIONAL OPERATIONAL DETAILS**

> A. Allocating patrol hours to a particular vessel or geographic
> location will be made on the basis of operational needs with the
> overall goal of achieving the highest possible compliance with Federal
> fishing regulations. Operational considerations will dictate the
> number of officers deployed for each patrol.

D.  The OLE and the AGENCY recognize that Federal enforcement priorities
    may change during the course of the JEA. In the event that a change
    in enforcement strategy is required, and so long as the AGENCY has
    the resources and is capable of performing the additional duties,
    the OLE and the State may, by amendment, or, in the case of the
    Divisional Enforcement Plan, other written agreement, modify the
    work to be performed or equipment, services, or property to be
    purchased under the JEA.

E.  The AGENCY will notify the OLE of any incident in which AGENCY
    officers performing work under this JEA use any degree of force in
    the course of their duties which results in injury or death.  Such
    notification will include the date, time, location, type of force
    used, identity of person(s) injured and nature of injuries.  Upon
    written request from the Director, OLE, or the Office of General
    Counsel for Enforcement and Litigation, (GCEL), the AGENCY will
    provide all information related to the incident to the OLE or the
    GCEL.  Any information provided by the AGENCY shall be subject to
    all confidentiality provisions as provided by Federal law.

Include only this boilerplate. Nothing additional need, or should be,
included.

**SECTION V--- EXTERNAL COSTS**

> A. The AGENCY will purchase the following equipment, services, or
> property with JEA funds during the term of this JEA. Any equipment,
> service, or property purchased will be used primarily for marine
> conservation law enforcement. *A detailed explanation is set forth in
> the Financial Plan attached hereto.*
>
> 1\. Equipment:
>
> 2\. Services:
>
> 3\. Property:
>
> 4\. Other, Specify:
>
> B. The AGENCY will, within 30 days of the purchase of any equipment,
> service, or property, set forth in this JEA, provide copies of proof
> of purchase to the OLE.

Include only this boilerplate, with the additions called for. Nothing
additional need, or should be, included. Make these additions:

-   Where "Equipment" is called for, insert a description of the
    equipment to be purchased, including the total number of units, cost
    per unit, and total cost for that category. Repeat for "Services"
    and "Property" categories.

-   Where "Other, Specify" is listed, insert a description of any other
    cost.

-   This information should conform to the information contained in the
    Financial Plan.

**SECTION VI. ENFORCEMENT GUIDELINES**

A.  The OLE and the AGENCY have created a Divisional Enforcement Plan
    which, in conjunction with the Operations Plan, will serve as the
    day-to-day operational framework for the JEA. It contains those
    Federal priorities that will be targeted for increased enforcement
    by the AGENCY during this JEA. Further, it provides a schedule of
    when targeted enforcement will occur and other operational details,
    including how contacts and inspections are recorded. The Divisional
    Enforcement Plan is intended to be a tool for the efficient and
    effective management of this JEA. Alterations, modifications, and
    changes to the Divisional Enforcement Plan are expected as needs and
    priorities change during the course of this JEA. As such, the
    Divisional Enforcement Plan needs to be as flexible as possible and
    so details can be altered, modified, or changed by written agreement
    of the parties. No formal amendment to the JEA or Operations Plan is
    required unless substantive provisions of the JEA or Operations Plan
    are to be altered, modified, or changed as well.

B.  The AGENCY will immediately contact the OLE upon documentation of
    any other case involving Federal laws under with NOAA has authority,
    including but not limited to the Magnuson-Stevens Act, the
    Endangered Species Act, the Lacey Act, the Marine Mammal Protection
    Act, the Atlantic Tunas Convention Act, and the National Marine
    Sanctuaries Act, and upon the documentation of those cases that
    involve aggravating circumstances. A determination of whether the
    State or OLE will handle the case will be made jointly with the
    regional NOAA General Counsel for Enforcement and Litigation and the
    appropriate State attorney.

Include only this boilerplate. Nothing additional need, or should be,
included.

**SECTION VII---ASSISTANCE OBTAINING MAGNUSON-STEVENS ACT CONFIDENTIAL
DATA**

A. The Magnuson-Stevens Marine Fishery Conservation and Management Act
allows State law enforcement personnel access to Magnuson-Stevens Act
confidential data, for enforcement purposes, pursuant to 16 USC 1881a
(b)(1)(C). In some cases the AGECNY and/or OFFICER will have direct
access to Magnuson-Stevens Act confidential data, for enforcement
purposes, via arrangements with OLE. In other cases, Magnuson-Stevens
Act confidential data will not be directly accessible to the AGENCY
and/or OFFICER (e.g. data maintained by NMFS Regions, NMFS Science
Centers, NMFS Offices, and/or OLE). In these cases the AGENCY and/or its
OFFICERS will follow the procedures outlined below to obtain access to
Magnuson-Stevens Act confidential information to which they do not
otherwise have direct access.

> B. If the AGENCY or OFFICER needs access to Magnuson-Stevens Act
> confidential data to which they do not otherwise have direct access,
> for enforcement purposes, the AGENCY or OFFICER shall request (either
> orally or in writing) the assistance of OLE in obtaining said data.
> Any such request should be directed to the JEA technician responsible
> for this JEA. In the event that the JEA technician is unavailable,
> request should be directed to the JEA contact listed for this JEA. In
> the event that the JEA contact is unavailable, the request may be
> directed to the SAC or DSAC for the OLE Region in which the AGENCY is
> located.

Include only this boilerplate. Nothing additional need, or should be,
included.

**SECTION VIII. REPORTING**

> A. The AGENCY will submit monthly reports of all activities, using the
> OLE's web-based reporting system, if required, or other suitable means
> approved by the OLE, in a format established by the OLE or an
> AGENCY-designed format approved by the OLE, by the 15^th^ of every
> month. 
>
> B. The monthly report will include, but is not limited to, all
> targeted enforcement activity at-sea and dockside hours; air patrol
> hours; administrative and clerical hours; outreach and education
> hours; the number of commercial, recreational, and/or
> headboat/tournament fishing contacts, by fishery or fishery management
> plan; the number of inspections; and the number of enforcement
> actions, which include warnings, citations, and/or arrests, and
> summary settlements.  The AGENCY will provide a separate list of every
> citation issued or arrest made during the month, categorized by
> fishery or fishery management plan and will include the citation or
> arrest number. In addition, the AGENCY will report all education and
> outreach activities and will report the number of activities and the
> estimated number of individuals attending each activity.
>
> C. The Special Agent-in-Charge of the division in which the AGENCY is
> located may request the AGENCY to provide additional information or
> reports as needed to manage, plan, and evaluate AGENCY performance
> under this JEA.
>
> D. In addition, the AGENCY will prepare and submit an annual report to
> the OLE containing a summary of all of the activities set forth in the
> monthly reports, any other measurable performance objectives, and any
> other relevant information requested by the OLE or desired by the
> AGENCY which explains or highlights activities undertaken under this
> JEA, within 90 calendar days of the expiration of this JEA.

**\[OR, for multiple year JEA's, use:**

> In addition, an annual report will be produced at the end of each year
> of this JEA, published, and forwarded to the OLE within 90 calendar
> days. A final report will be produced, published, and forwarded within
> 90 calendar days after the expiration of this JEA\].

Include only this boilerplate. Nothing additional need, or should be,
included.

**SECTION IX\--CONTROLLING STATUTES, REGULATIONS, ETC.**

> For purposes of this JEA and Operations Plan, Federal procedures and
> guidelines, practices, and law may include but are not limited to the
> following:
>
> The Magnuson-Stevens Act, the Endangered Species Act, the Lacey Act,
> the Atlantic Tunas Convention Act, the National Marine Sanctuaries
> Act, the Atlantic Coastal Fisheries Cooperative Management Act, the
> Northern Pacific Halibut Act, the Freedom of Information Act, the
> Privacy Act, and regulations and notices issued there under;
>
> In addition to the regulations above, all other regulations and
> notices issued under the authority of DOC, including but not limited
> to:
>
> 15 C.F.R. Part 904;
>
> 50 C.F.R. Parts 600 and 622;

The Civil Asset Forfeiture Reform Act of 2000 (CAFRA);

The Small Business Regulatory Enforcement Fairness Act (SBREFA);

Applicable DOJ provisions.

Include only this boilerplate. Nothing additional need, or should be,
included.

**SECTION X---CONTACTS**

> For AGENCY**: \[Name, title, work phone, and email address\]**
>
> For OLE: **\[Name, title, work phone, and email address\]**

-   Where the **\[Name, title, work phone, and email address\]** are
    called for, list the appropriate information.

**ATTACH COPIES OF THE DIVISIONAL ENFORCEMENT PLAN, FINANCIAL PLAN AND
VENDOR PROFILE FORMS TO THE OPERATIONS PLAN WHEN COMPLETED.**

**APPENDIX 5**

**FINANCIAL PLAN TEMPLATE**

**ADDENDUM TWO**

**2009 FINANCIAL PLAN**

**Cooperative Enforcement Program**

**\[State, Territory, Commonwealth of \]**

<table>
<colgroup>
<col style="width: 18%" />
<col style="width: 1%" />
<col style="width: 0%" />
<col style="width: 8%" />
<col style="width: 0%" />
<col style="width: 9%" />
<col style="width: 1%" />
<col style="width: 4%" />
<col style="width: 0%" />
<col style="width: 1%" />
<col style="width: 3%" />
<col style="width: 2%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 3%" />
<col style="width: 0%" />
<col style="width: 5%" />
<col style="width: 0%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 5%" />
<col style="width: 3%" />
<col style="width: 10%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="26"><strong>PART ONE: DIRECT OPERATIONS COSTS</strong></td>
</tr>
<tr class="even">
<td colspan="26"><strong>Step 1: Personnel Cost Per Hour
Calculation</strong></td>
</tr>
<tr class="odd">
<td colspan="8"><u>Law Enforcement Officer (LEO)</u></td>
<td colspan="8">Amount</td>
<td colspan="10" rowspan="25"></td>
</tr>
<tr class="even">
<td colspan="8"></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="8">A.. Yearly max salary of Journeyman LEO</td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="8">B. Hourly Rate</td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="8">C. Overtime (Hourly x1.5) (if applicable)</td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="8">D. Government benefits cost reduced to hourly cost</td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="8">E. FICA</td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="8">F. Employee retirement</td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="8">G. Employee health insurance</td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="8">H. Workers' compensation insurance</td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="8">I. Unemployment insurance</td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="8"><strong>Total LEO Cost Per Hour (B or C
+D)</strong></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="8"></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="8"><u>Admin. Support/Specialist</u></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="8">A. Yearly max salary of <strong>[Position]</strong></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="8">B. Hourly Rate</td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="8">C. Overtime (Hourly x1.5) (if applicable)</td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="8">D. Government benefits cost reduced to hourly cost</td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="8">F. FICA</td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="8">G. Employee retirement</td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="8">H. Employee health insurance</td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="8">I. Workers' compensation insurance</td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="8">J. Unemployment insurance</td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="8"><strong>3. Total Admin. Support/Specialist Cost Per Hour
(B or C +D,)</strong></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="16"></td>
</tr>
<tr class="even">
<td colspan="26"><strong>Step 2: Vessel/Aircraft Operating Cost
Calculation</strong></td>
</tr>
<tr class="odd">
<td colspan="24"><em><strong><u>A. Patrol Vessel
#1</u></strong></em></td>
<td colspan="2" rowspan="15"></td>
</tr>
<tr class="even">
<td colspan="8"> Long Range Mid-Range Near Shore</td>
<td colspan="5">a. Cost per Gal/Qt</td>
<td colspan="5">b. No. Gals/Qt/Hr</td>
<td colspan="6">Total Cost/Hr. (axb)</td>
</tr>
<tr class="odd">
<td colspan="8">1. Fuel</td>
<td colspan="6"></td>
<td colspan="4"></td>
<td colspan="6"></td>
</tr>
<tr class="even">
<td colspan="8">2. Oil</td>
<td colspan="6"></td>
<td colspan="4"></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="18"><strong>Total Vessel Operating Cost Per Hour (line 1 +
line 2)</strong></td>
<td colspan="6"></td>
</tr>
<tr class="even">
<td colspan="24"><em><strong><u>B. Patrol Vessel
#2</u></strong></em></td>
</tr>
<tr class="odd">
<td colspan="9"> Long Range Mid-Range Near Shore</td>
<td colspan="4">a. Cost per Gal/Qt</td>
<td colspan="5">b. No. Gals/Qt/Hr</td>
<td colspan="6">Total Cost/Hr. (axb)</td>
</tr>
<tr class="even">
<td colspan="9">1. Fuel</td>
<td colspan="4"></td>
<td colspan="5"></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="9">2. Oil</td>
<td colspan="4"></td>
<td colspan="5"></td>
<td colspan="6"></td>
</tr>
<tr class="even">
<td colspan="18"><strong>Total Vessel Operating Cost Per Hour (line 1 +
line 2)</strong></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="24"><em><strong><u>C. Aircraft</u></strong></em></td>
</tr>
<tr class="even">
<td colspan="9"> Multi-Engine Single Engine</td>
<td colspan="4">a. Cost per Gal/Qt</td>
<td colspan="5">b. No. Gals/Qt/Hr</td>
<td colspan="6">Total Cost/Hr. (axb)</td>
</tr>
<tr class="odd">
<td colspan="9">1. Fuel</td>
<td colspan="4"></td>
<td colspan="5"></td>
<td colspan="6"></td>
</tr>
<tr class="even">
<td colspan="9">2. Oil</td>
<td colspan="4"></td>
<td colspan="5"></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="18"><strong>Total Aircraft Operating Cost Per Hour (Line 1
+ line 2)</strong></td>
<td colspan="6"></td>
</tr>
<tr class="even">
<td colspan="26"></td>
</tr>
<tr class="odd">
<td colspan="26"><strong>Step 3:Value of Services
Calculations</strong></td>
</tr>
<tr class="even">
<td colspan="8"><strong>A. LAND-BASED PERSONNEL COST</strong></td>
<td colspan="8">a. Personnel Cost per Hour</td>
<td colspan="3">b. No. of Personnel</td>
<td colspan="4">c. No. of Hours</td>
<td colspan="3">Total Cost (axbxc)</td>
</tr>
<tr class="odd">
<td colspan="8">1. Dockside/Inspections</td>
<td colspan="8"></td>
<td colspan="3"></td>
<td colspan="4"></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="8">2. Outreach/Education</td>
<td colspan="8"></td>
<td colspan="3"></td>
<td colspan="4"></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="8">3. Administrative/Clerical</td>
<td colspan="8"></td>
<td colspan="3"></td>
<td colspan="4"></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="23"><strong>4. TOTAL LAND-BASED HOURS AND COST (A1 + A2 +
A3)</strong></td>
<td colspan="3"></td>
</tr>
<tr class="odd">
<td colspan="26"></td>
</tr>
<tr class="even">
<td colspan="26"><strong>B. AT-SEA VESSEL AND PERSONNEL
COST</strong></td>
</tr>
<tr class="odd">
<td colspan="3">Type of Vessel</td>
<td colspan="2">a. No. of Personnel</td>
<td>b.Personnel Cost/Hr.</td>
<td colspan="5">c. Personnel Hours</td>
<td colspan="7">d. Vessel Cost per Hr</td>
<td colspan="3">e. No. of Vessel Hrs.</td>
<td colspan="5"><p>f. Sub Total (axbxc]+</p>
<p>(dxe)</p></td>
</tr>
<tr class="even">
<td colspan="3"> LR MR NS</td>
<td colspan="2"></td>
<td></td>
<td colspan="5"></td>
<td colspan="7"></td>
<td colspan="3"></td>
<td colspan="5"></td>
</tr>
<tr class="odd">
<td colspan="3"> LR MR NS</td>
<td colspan="2"></td>
<td></td>
<td colspan="5"></td>
<td colspan="7"></td>
<td colspan="3"></td>
<td colspan="5"></td>
</tr>
<tr class="even">
<td colspan="3"> LR MR NS</td>
<td colspan="2"></td>
<td></td>
<td colspan="5"></td>
<td colspan="7"></td>
<td colspan="3"></td>
<td colspan="5"></td>
</tr>
<tr class="odd">
<td colspan="6"><strong>4. TOTAL AT-SEA VESSEL HOURS AND
COST</strong></td>
<td colspan="5">Total</td>
<td colspan="7"></td>
<td colspan="3">Total</td>
<td colspan="5">Total</td>
</tr>
<tr class="even">
<td colspan="26"></td>
</tr>
<tr class="odd">
<td colspan="26"><strong>C. AVIATION COST</strong></td>
</tr>
<tr class="even">
<td>Description/Engine</td>
<td colspan="3">a. No. of Personnel</td>
<td colspan="3">b. Personnel Cost per Hr.</td>
<td colspan="5">c. Personnel Hours</td>
<td colspan="5">d. Aircraft Cost per Hr.</td>
<td colspan="3">e. No. of Aircraft Hrs.</td>
<td colspan="6"><p>f. Sub Total (axbxc]+</p>
<p>(dxe)</p></td>
</tr>
<tr class="odd">
<td>1 Multi Single</td>
<td colspan="3"></td>
<td colspan="3"></td>
<td colspan="5"></td>
<td colspan="5"></td>
<td colspan="3"></td>
<td colspan="6"></td>
</tr>
<tr class="even">
<td>2 Multi Single</td>
<td colspan="3"></td>
<td colspan="3"></td>
<td colspan="5"></td>
<td colspan="5"></td>
<td colspan="3"></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="7"><strong>3. TOTAL AIRCRAFT HOURS AND COST</strong></td>
<td colspan="5">Total</td>
<td colspan="5"></td>
<td colspan="3">Total</td>
<td colspan="6">Total</td>
</tr>
<tr class="even">
<td colspan="26"></td>
</tr>
<tr class="odd">
<td colspan="26"><strong>D. MAJOR PROGRAM SUPPLEMENTAL COSTS (IF
APPLICABLE)</strong></td>
</tr>
<tr class="even">
<td colspan="2">PROGRAM</td>
<td colspan="3">a. No. of Personnel</td>
<td>b.Personnel Cost per Hr.</td>
<td colspan="4">c. Hours</td>
<td colspan="7">d. Vessel Cost per Hr</td>
<td colspan="4">d. No. of vessel hrs.</td>
<td colspan="5"><p>e. Sub Total (axbxc]+</p>
<p>(dxe)</p></td>
</tr>
<tr class="odd">
<td colspan="2">1</td>
<td colspan="3"></td>
<td></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="4"></td>
<td colspan="5"></td>
</tr>
<tr class="even">
<td colspan="2">2</td>
<td colspan="3"></td>
<td></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="4"></td>
<td colspan="5"></td>
</tr>
<tr class="odd">
<td colspan="2">3</td>
<td colspan="3"></td>
<td></td>
<td colspan="4"></td>
<td colspan="7"></td>
<td colspan="4"></td>
<td colspan="5"></td>
</tr>
<tr class="even">
<td colspan="6"><strong>4. TOTAL MAJOR PROGRAM COST</strong></td>
<td colspan="4">Total</td>
<td colspan="7"></td>
<td colspan="4">Total</td>
<td colspan="5">Total</td>
</tr>
<tr class="odd">
<td colspan="26"><strong>E. VALUE OF SERVICES CALCULATIONS</strong></td>
</tr>
<tr class="even">
<td colspan="20">1 Land-Based Personnel Cost [From Step 3, A(4)]</td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="20">2 At-Sea Vessel Hours and Cost [From Step 3, B(4)]</td>
<td colspan="6"></td>
</tr>
<tr class="even">
<td colspan="20">3 Aviation Hours and Cost [From Step 3, C(4)]</td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="20">4 Major Program Supplemental Cost [From Step 3,
D(4)]</td>
<td colspan="6"></td>
</tr>
<tr class="even">
<td colspan="20"><strong>5 TOTAL VALUE OF SERVICES (E1
+E2+E3+E4)</strong></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="26"></td>
</tr>
<tr class="even">
<td colspan="26"><strong>Step 4: Overhead Calculations</strong></td>
</tr>
<tr class="odd">
<td colspan="8">A. Total Value of Services [From Step 3, E(5)]</td>
<td colspan="7"></td>
<td colspan="11" rowspan="3"></td>
</tr>
<tr class="even">
<td colspan="8">B. X 35% (.35)</td>
<td colspan="7"></td>
</tr>
<tr class="odd">
<td colspan="8"><strong>C. Total Overhead (4A x .35)
[4Ax.35]</strong></td>
<td colspan="7"></td>
</tr>
<tr class="even">
<td colspan="26"></td>
</tr>
<tr class="odd">
<td colspan="26"><strong>Step 5: Direct Operations
Calculations</strong></td>
</tr>
<tr class="even">
<td colspan="8">A. Total Value of Services [From Step 3, E(5)]</td>
<td colspan="7"></td>
<td colspan="11" rowspan="2"></td>
</tr>
<tr class="odd">
<td colspan="8">B. Total Overhead [From Step 4, (C)]</td>
<td colspan="7"></td>
</tr>
<tr class="even">
<td colspan="8"><strong>C. Total Direct Operations (5A+5B)</strong></td>
<td colspan="7"></td>
<td colspan="11"></td>
</tr>
<tr class="odd">
<td colspan="26"></td>
</tr>
<tr class="even">
<td colspan="26"><strong>PART TWO: EXTERNAL COSTS</strong></td>
</tr>
<tr class="odd">
<td colspan="26"><strong>A. Purchases of Equipment, Property, or
Service</strong></td>
</tr>
<tr class="even">
<td colspan="18">ITEM (Brief Description)</td>
<td colspan="4">Cost Per Unit</td>
<td colspan="3">Quantity</td>
<td>Total</td>
</tr>
<tr class="odd">
<td colspan="18">1</td>
<td colspan="4"></td>
<td colspan="3"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="18">2</td>
<td colspan="4"></td>
<td colspan="3"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="18">3</td>
<td colspan="4"></td>
<td colspan="3"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="18">4</td>
<td colspan="4"></td>
<td colspan="3"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="25"><strong>5 Total Purchases</strong></td>
<td></td>
</tr>
<tr class="even">
<td colspan="26"></td>
</tr>
<tr class="odd">
<td colspan="26"><strong>B. MISCELLANEOUS EXPENDITURES</strong></td>
</tr>
<tr class="even">
<td colspan="18">Description of Expenditure</td>
<td colspan="3">Cost Per Unit</td>
<td colspan="4">Quantity</td>
<td>Total</td>
</tr>
<tr class="odd">
<td colspan="18">1</td>
<td colspan="3"></td>
<td colspan="4"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="18">2</td>
<td colspan="3"></td>
<td colspan="4"></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="18">3</td>
<td colspan="3"></td>
<td colspan="4"></td>
<td></td>
</tr>
<tr class="even">
<td colspan="25"><strong>4 Total Miscellaneous
Expenditures</strong></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="25"><strong>C. TOTAL EXTERNAL COSTS (A5 + B4)</strong></td>
<td></td>
</tr>
<tr class="even">
<td colspan="26"></td>
</tr>
<tr class="odd">
<td colspan="26"><strong>PART THREE: CALCULATION OF TOTAL
AMOUNT</strong></td>
</tr>
<tr class="even">
<td colspan="8">A. Total Direct Operations [From Step 5, (C)]</td>
<td colspan="14" rowspan="2"></td>
<td colspan="4"></td>
</tr>
<tr class="odd">
<td colspan="8">B. Total External Costs [From Part Two (C)]</td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="22"><strong>C. TOTAL AMOUNT OF JEA (A + B)</strong></td>
<td colspan="4"></td>
</tr>
</tbody>
</table>

**APPENDIX 6**

**FINANCIAL PLAN TEMPLATE**

**INSTRUCTIONS**

**INSTRUCTIONS FOR COMPLETING**

**2009 FINANCIAL PLAN TEMPLATE**

The Financial Plan template is provided as a guide for States and
Territories, in conjunction with the regional SAC, to develop an
accurate estimate of the costs associated with the Joint Enforcement
Agreement application.

**The 2009 Financial Plan template is slightly different from previous
versions. Be sure to read over the template and these instructions to
understand all of the changes.**

**FOR ADDITIONAL INFORMATION REVIEW OLE COSTING POLICY**

**DIRECT OPERATIONS COMPONENT**

Only planned labor costs, including specified benefits, specified vessel
or aircraft operating costs and overhead are allowed. The costs of the
Direct Operations Component are documented using a work sheet and
required supporting documentation.

**IMPORTANT**

**Government paid benefits are part of the costs allowed for the labor
cost calculations. However, those benefits are limited to the
following:**

\--FICA

\--Employee Retirement

\--Employee Health Insurance

\--Worker's Compensation Insurance

\--Unemployment Insurance

**IMPORTANT**

***Documents supporting labor costs must be included. See instructions
below.***

**EXTERNAL COST COMPONENT**

Depending on the availability of funds, NOAA will consider contributing
funds for the purchase of equipment that will be assigned to the
identified agency for use to support the Federal and State/territorial
marine (including anadromous fish) conservation mission.

External Cost Criteria:

-   NOAA contributions can not result in a reduction of
    State/territorial funding

-   Equipment must enhance the Federal marine conservation effort
    mission and its use must remain focused on the Federal and
    State/territory marine conservation mission throughout the useful
    life of the equipment.

-   Equipment funded by NOAA must remain available for use by the
    Federal government.

**RELATION BETWEEN DIRECT OPERATIONS AND EXTERNAL COSTS**

Since the main focus of the JEA is to supplement OLE's ability to meet
its marine conservation mission, it is hoped that the funds to support
the work to be performed will be approximately one half of the total
JEA. This ratio can be checked by taking the total amount of Direct
Purchases divided by the total amount of the award. A 50 % or less split
is desirable.

**THE 2009 FINANCIAL PLAN SHOULD FOLLOW THE FOLLOWING CONVENTIONS:**

**\--Times New Roman Font, 12 pt.**

**\--Single Spaced**

**\--Page Numbers at bottom center of each page after the first (i.e.,
no page number on the first page, the second page contains the number
"2" and so on.**

**\--The phrase "ADDENDUM TWO, Cooperative Enforcement Program, 2009
Costing Plan, STATE, TERRITORY, COMMONWEALTH OF \[ \]" should appear on
each page as a header.**

**\--Only major sections of the Operations Plan should appear in bold.**

**\--Bold sections of the [template]{.underline} indicate areas where
information must be supplied. After the information has been entered,
the bold should be removed. The highlighted bold item is for
identification only.**

**HEADER/FOOTER CHANGES**

The template includes a header and a footer. To make a change or add a
State or territory name to a header or footer, complete these steps.

Step 1. Click the mouse arrow on your menu bar above the Word document
that says "View."

Step 2. Scroll down to "Header and Footer."

Step 3. Click on "Header and Footer." A box will appear at the top and
bottom of the page.

Step 4. To make changes simply type the information in the appropriate
place.

Step 5. To exit, point the arrow at the "close" on the blue dialogue box
titled "Header and Footer" and click.

Step 6. Changes will be made to the Header.

Note: To change a footer, simply follow Steps 1-3 above, make the
changes in the box at the bottom of the page, and follow Step 5 to make
the changes and exit from that function.

**NOTE: IN ALL COST CALCULATIONS, ROUND TO THE NEAREST DOLLAR AMOUNT.**

**Step 1: Personnel Cost Per Hour Calculation**

***Law enforcement services will only be compensated at the "journeyman
level" law enforcement officer rate.***

> **DOCUMENTATION REQUIRED:**

-   **For the "journeyman level" law enforcement officer classification
    and each administrative support or specialist position proposed in
    the agreement, a copy of the current legislated or negotiated pay
    scale with the specific pay grades highlighted, AND**

-   **A copy of each current personnel classification/job description
    included in the proposal, AND**

-   **A signed, letterhead document from the government budget or
    finance authority documenting the government's costs for the
    personnel benefits listed on the cost calculation form displayed as
    an hourly cost based on each classification included in the proposal
    at the appropriate rate.**

-   **This documentation must be attached to the Cost Calculations.**

> **Law Enforcement Officer (LEO) labor cost: Include salary and
> specified government personnel benefit costs reduced to a per man hour
> cost.**
>
> **Add additional information about different classifications of LEO.**
>
> **Overtime Costs: If the proposal contains personnel hours planned to
> be provided at the overtime rate, the Man Hour Cost Calculations
> should include the conversion of the hourly salary cost component to
> the 1.5 rate for those hours.**
>
> **Law Enforcement Officer (LEO) Labor Cost Calculation:**

  ---------------------------- ----------- ------------------------------
  [Law Enforcement Officer     Amount      
  (LEO)]{.underline}                       

                                           

  A.. Yearly max salary of                 
  Journeyman                               

  B. Hourly Rate                           

  C. Overtime (Hourly x1.5)                
  (if applicable)                          

  D. Government benefits cost              
  reduced to hourly cost                   

  E. FICA                                  

  F. Employee retirement                   

  G. Employee health insurance             

  H. Workers\' compensation                
  insurance                                

  I. Unemployment insurance                

  **Total LEO Cost Per Hour (B             
  or C +D)**                               

                                           
  ---------------------------- ----------- ------------------------------

> Line A. Enter the total yearly salary of a journeyman level law
> enforcement officer.
>
> Line B. Enter the hourly rate for the amount on line A. Divide the
> yearly rate by 2080 or whatever rate your State uses to represent the
> total number of hours in a regular work year.
>
> Line C. Enter the hourly overtime rate for the amount entered on line
> A. Multiply line B by 1.5 and enter the result.
>
> Line D. Add the amounts from Lines E, F, G, H, and I.
>
> Line E. Enter the benefit cost for FICA per hour.
>
> Line F. Enter the benefit cost for Employee retirement benefits per
> hour.
>
> Line G. Enter the benefit cost for Employee health and life insurance
> costs per hour.
>
> Line H. Enter the benefit cost for Worker's Compensation Insurance
> costs per hour.
>
> Line I Enter the benefit cost for Unemployment Insurance cost per
> hour.
>
> Add the amount on Line **B or C to the amount on Line D** and enter in
> space "Total LEO Cost Per Hour"

**Administrative Support/Specialist Labor Cost Calculation:**

  --------------------------------- ----------- ------------------------------
  [Admin.                                       
  Support/Specialist]{.underline}               

  A. Yearly max salary of                       
  **\[Position\]**                              

  B. Hourly Rate                                

  C. Overtime (Hourly x1.5) (if                 
  applicable)                                   

  D. Government benefits cost                   
  reduced to hourly cost                        

  F. FICA                                       

  G. Employee retirement                        

  H. Employee health insurance                  

  I. Workers\' compensation                     
  insurance                                     

  J. Unemployment insurance                     

  **3. Total Admin.                             
  Support/Specialist Cost Per Hour              
  (B or C +D,)**                                

                                                
  --------------------------------- ----------- ------------------------------

> Line A. Enter the total yearly salary of the journeyman level for the
> position. Identify the tile in the **\[Position\]** space.
>
> Line B. Enter the hourly rate for the amount on line A. Divide the
> yearly rate by 2080 or whatever rate the jurisdiction uses to
> represent the total number of hours in a regular work year.
>
> Line C. Enter the hourly overtime rate for the amount entered on line
> A. Multiply line B by 1.5 and enter the result.
>
> Line D. Add the amounts from Lines E, F, G, H, and I.
>
> Line E. Enter the benefit cost for FICA per hour.
>
> Line F. Enter the benefit cost for Employee retirement benefits per
> hour.
>
> Line G. Enter the benefit cost for Employee health and life insurance
> costs per hour.
>
> Line H. Enter the benefit cost for Worker's Compensation Insurance
> costs per hour.
>
> Line I Enter the benefit cost for Unemployment Insurance cost per
> hour.
>
> Add the amount on **Line B or C to the amount on Line D** and enter in
> space "Total LEO Cost Per Hour"

**NOTE: REPEAT THIS PROCESS AND DOCUMENTATION FOR EACH UNIQUE POSITION
TO BE FUNDED. FOR EXAMPLE, IF JEA FUNDS ARE TO PAY FOR A BOAT CAPTAIN OR
AIRPLANE PILOT, ITEMIZE THEIR COSTS IN THE SAME MANNER.**

> **Step 2. Vessel/Aircraft Operating Cost Calculation**
>
> The vessel/aircraft operating cost calculations are made based on fuel
> and oil consumption rates. These costs are determined by using
> **documented** per hour fuel and oil consumption data for each
> vessel/aircraft, or average for class of vessels proposed to be used
> in completing the Federal work, multiplied by the most current cost of
> fuel per gallon and oil per quart available at the time of agreement.
>
> **DOCUMENTATION REQUIRED:**
>
> **Fuel/oil consumption data for vessels or aircraft must include a
> work sheet containing data from the latest annual operating period
> available showing engine hours and fuel/oil consumption based on
> government records retained during the normal course of business.
> These records must remain available for audit for a period of three
> years commencing with the effective date of the agreement.**
>
> **When the services of multiple vessels are provided, vessels may be
> grouped into classes based on similarity of size and similarity of
> power plants and average fuel/oil consumption rates may be applied
> based on actual records.**
>
> **The cost of fuel and will be established for the agreement period
> using the most recent State or Territorial government contracts for
> the purchase of fuel and oil. Unanticipated increases in the cost of
> fuel and oil during the period of the contract may be addressed
> through a request for supplemental funding which may be granted based
> on the availability of funds at the time.**

**NOTE: IN ALL COST CALCULATIONS, ROUND TO THE NEAREST DOLLAR AMOUNT.**

  ------------------------------------- -------- ------------ ----------------
  ***[B. Patrol Vessel                                        
  #2]{.underline}***                                          

  Long Range Mid-Range Near Shore       a\. Cost b\. No.      Total Cost/Hr.
                                        per      Gals/Qt/Hr   (axb)
                                        Gal/Qt                

  1\. Fuel                                                    

  2\. Oil                                                     

  **Total Vessel Operating Cost Per                           
  Hour (line 1 + line 2)**                                    

  ***[C. Aircraft]{.underline}***                             

  Multi-Engine Single Engine            a\. Cost b\. No.      Total Cost/Hr.
                                        per      Gals/Qt/Hr   (axb)
                                        Gal/Qt                

  1\. Fuel                                                    

  2\. Oil                                                     

  **Total Aircraft Operating Cost Per                         
  Hour (Line 1 + line 2)**                                    
  ------------------------------------- -------- ------------ ----------------

Complete the above information for all vessels/aircraft that are to be
used in the JEA. Add additional spaces as needed for each vessel.

**Patrol Vessels:**

Long Range Mid-Range Near Shore

Check the appropriate box for the type of vessel---Long Range,
Mid-Range, or Near Shore.

  ------------------------------------- -------- ------------ ----------------
                                        a\. Cost b\. No.      Total Cost/Hr.
                                        per      Gals/Qt/Hr   (axb)
                                        Gal/Qt                

  1\. Fuel                                                    

  2\. Oil                                                     
  ------------------------------------- -------- ------------ ----------------

Line 1. Enter the gallons per hour consumption rate for fuel from
documents that are attached to the Cost Calculations. Also enter the
price per gallon based on current government fuel purchase contract. In
the column above "total" enter the price per gallon calculation.

Line 2. Enter the gallons/quarts per hour consumption rate for oil from
documents. Also enter the price per gallon/quart based on current
government fuel purchase contract. In the column "total" enter the price
per gallon/quart calculation.

  ------------------------------------------------------ ----------------
  **Total Vessel Operating Cost Per Hour (line 1 + line  
  2)**                                                   

  ------------------------------------------------------ ----------------

**Total:** Add the amounts on Lines 1 and 2 and enter.

**Aircraft:**

Multi-Engine Single Engine

Check the appropriate box for the type of aircraft---Multiple Engine or
Single Engine

  ------------------------------------- -------- ------------ ----------------
                                        a\. Cost b\. No.      Total Cost/Hr.
                                        per      Gals/Qt/Hr   (axb)
                                        Gal/Qt                

  1\. Fuel                                                    

  2\. Oil                                                     
  ------------------------------------- -------- ------------ ----------------

Line 1. Enter the gallons per hour consumption rate for fuel from
documents that are attached to the Cost Calculations. Also enter the
price per gallon based on current government fuel purchase contract. In
the column above "total" enter the price per gallon calculation.

Line 2. Enter the gallons/quarts per hour consumption rate for oil from
documents. Also enter the price per gallon/quart based on current
government fuel purchase contract. In the column "total" enter the price
per gallon/quart calculation.

  ------------------------------------------------------ ----------------
  **Total Aircraft Operating Cost Per Hour (Line 1 +     
  line 2)**                                              

  ------------------------------------------------------ ----------------

**Total:** Add the amounts on Lines 1 and 2 and enter.

**Step 3. Value of Services Calculations**

The Value of Services is a calculation of all of the labor costs and the
vessel/aircraft operating costs.

**Land-Based Personnel Cost**:

  ------------------------------- ----------- ----------- ------- -------------
  **A. LAND-BASED PERSONNEL       a\.         b\. No. of  c\. No. Total Cost
  COST**                          Personnel   Personnel   of      (axbxc)
                                  Cost per                Hours   
                                  Hour                            

  1\. Dockside/Inspections                                        

  2\. Outreach/Education                                          

  3\. Administrative/Clerical                                     

  **4. TOTAL LAND-BASED HOURS AND                                 
  COST (A1 + A2 + A3)**                                           
  ------------------------------- ----------- ----------- ------- -------------

1\. For each category of Land-Based Personnel Cost, enter the total LEO
or Admin. Support/Specialist hourly labor costs from Step 1 in the space
"Personnel Cost per Hour."

2\. Enter the number of personnel that will be performing that
particular task.

3\. Enter the total number of hours that the total number of employees
will be performing.

4\. Multiply the labor cost times the number of personnel and the number
of hours. Enter the result in the "total" column. Round the amount to
the nearest dollar. (For example, for the example above---36.99 x 3 x
325 = 36,065.25, rounded to 36,065).

5\. Complete these calculations for each category.

6\. Add the amounts in the far right "total column" representing the
total amount for that row, and place the amount in the bottom right box,
line 4, "**TOTAL LAND-BASED HOURS AND COST."**

  -----------------------------------------------------------------------
  **B. AT-SEA VESSEL AND PERSONNEL COST**

  -----------------------------------------------------------------------

+-------------+-----+------+-------+----------+--------+-------------+
| Type of     | a\. | b.P  | c\.   | d\.      | e\.    | f\. Sub     |
| Vessel      | No. | erso | Pers  | Vessel   | No. of | Total       |
|             | of  | nnel | onnel | Cost per | Vessel | (axbxc\]+   |
|             | Per | Cost | Hours | Hr       | Hrs.   |             |
|             | son | /Hr. |       |          |        | (dxe)       |
|             | nel |      |       |          |        |             |
+-------------+-----+------+-------+----------+--------+-------------+
| LR MR NS    |     |      |       |          |        |             |
+-------------+-----+------+-------+----------+--------+-------------+
| LR MR NS    |     |      |       |          |        |             |
+-------------+-----+------+-------+----------+--------+-------------+
| LR MR NS    |     |      |       |          |        |             |
+-------------+-----+------+-------+----------+--------+-------------+
| **4. TOTAL  |     |      | Total |          | Total  | Total       |
| AT-SEA      |     |      |       |          |        |             |
| VESSEL      |     |      |       |          |        |             |
| HOURS AND   |     |      |       |          |        |             |
| COST**      |     |      |       |          |        |             |
+-------------+-----+------+-------+----------+--------+-------------+

1\. For each vessel, describe each vessel being referenced, i.e., "LR"
for long-range vessels, "MR" for mid-range vessels, or "NS" for
near-shore vessels. Add additional spaces if necessary.

2\. Enter number of personnel acting as crew expected on each vessel in
block "a."

3\. Enter the hourly cost for each crew member in block "b." If hourly
rate is different, use additional line below.

4\. Enter the number of hours the total complement of personnel will
provide in block "c".

5\. Enter the total number of hours for each vessel in block "e."

6\. Multiply the number of personnel (a) times the hourly crew costs
(b), times the number of hours to be provided (d), add to that sum, the
amount of the hourly cost to operate the vessel (d) times the number of
hours of at sea patrol in that craft (e).

7\. Enter the result for each vessel or aircraft in the far right space
titled "f" "Total."

8.  Add the amounts in columns "c" "e" and "f" and enter in the
    appropriate spaces below "# of Hours" and "Total."

**C. AVIATION COST**

+------------+------+-------+-------+--------+--------+-------------+
| Descript   | a\.  | b\.   | c\.   | d\.    | e\.    | f\. Sub     |
| ion/Engine | No.  | Pers  | Pers  | Ai     | No. of | Total       |
|            | of   | onnel | onnel | rcraft | Ai     | (axbxc\]+   |
|            | P    | Cost  | Hours | Cost   | rcraft |             |
|            | erso | per   |       | per    | Hrs.   | (dxe)       |
|            | nnel | Hr.   |       | Hr.    |        |             |
+------------+------+-------+-------+--------+--------+-------------+
| 1 Multi    |      |       |       |        |        |             |
| Single     |      |       |       |        |        |             |
+------------+------+-------+-------+--------+--------+-------------+
| 2 Multi    |      |       |       |        |        |             |
| Single     |      |       |       |        |        |             |
+------------+------+-------+-------+--------+--------+-------------+
| **3. TOTAL |      |       | Total |        | Total  | Total       |
| AIRCRAFT   |      |       |       |        |        |             |
| HOURS AND  |      |       |       |        |        |             |
| COST**     |      |       |       |        |        |             |
+------------+------+-------+-------+--------+--------+-------------+

1\. For each aircraft, describe each aircraft being referenced, i.e.,
"Mult" for multiple-engine aircraft, or "Single" for single-engine
aircraft. Add additional spaces if necessary.

2\. Enter number of personnel acting as crew expected on each vessel in
block "a."

3\. Enter the hourly cost for each crew member in block "b." If hourly
rate is different, use additional line below.

4\. Enter the number of hours the total complement of personnel will
provide in block "c".

5\. Enter the total number of hours for each aircraft in block "e."

6\. Multiply the number of personnel (a) times the hourly crew costs
(b), times the number of hours to be provided (d), add to that sum, the
amount of the hourly cost to operate the vessel (d) times the number of
hours of at sea patrol in that craft (e).

7\. Enter the result for each vessel or aircraft in the far right space
titled "f" "Total."

8\. Add the amounts in columns "c" "e" and "f" and enter in the
appropriate spaces below "# of Hours" and "Total."

**D. MAJOR PROGRAM SUPPLEMENTAL COSTS (IF APPLICABLE)**

In several instances, the JEA includes funding for special NOAA
programs, such as the Atlantic Large Whale Take Reduction Plan (ALWTRP)
or particular sites associated with the National Marine Sanctuaries.
This Financial Plan is intended to capture those costs, if applicable.

+-------------+-----+------+-----+------------+---------+-------------+
| PROGRAM     | a\. | b.P  | c\. | d\. Vessel | d\. No. | e\. Sub     |
|             | No. | erso | Ho  | Cost per   | of      | Total       |
|             | of  | nnel | urs | Hr         | vessel  | (axbxc\]+   |
|             | Per | Cost |     |            | hrs.    |             |
|             | son | per  |     |            |         | (dxe)       |
|             | nel | Hr.  |     |            |         |             |
+-------------+-----+------+-----+------------+---------+-------------+
| 1           |     |      |     |            |         |             |
+-------------+-----+------+-----+------------+---------+-------------+
| 2           |     |      |     |            |         |             |
+-------------+-----+------+-----+------------+---------+-------------+
| 3           |     |      |     |            |         |             |
+-------------+-----+------+-----+------------+---------+-------------+
| **4. TOTAL  |     |      | To  |            | Total   | Total       |
| MAJOR       |     |      | tal |            |         |             |
| PROGRAM     |     |      |     |            |         |             |
| COST**      |     |      |     |            |         |             |
+-------------+-----+------+-----+------------+---------+-------------+

1\. For program, describe each major program being referenced, i.e.,
"ALWTRP" for Atlantic Large Whale Take Reduction Plan (ALWTRP) or the
particular sites associated with the National Marine Sanctuaries, such
as "Stellwagon Bay NMS," or "Gray's Reef NMS." Add additional spaces if
necessary.

2\. Enter number of personnel acting as crew expected on each vessel in
block "a."

3\. Enter the hourly cost for each crew member in block "b." If hourly
rate is different, use additional line below.

4\. Enter the number of hours the total complement of personnel will
provide in block "c".

5\. Enter the total number of hours for each aircraft in block "e."

6\. Multiply the number of personnel (a) times the hourly crew costs
(b), times the number of hours to be provided (d), add to that sum, the
amount of the hourly cost to operate the vessel (d) times the number of
hours of at sea patrol in that craft (e).

7\. Enter the result for each vessel or aircraft in the far right space
titled "f" "Total."

8\. Add the amounts in columns "c" "e" and "f" and enter in the
appropriate spaces below "# of Hours" and "Total."

**E. VALUE OF SERVICES CALCULATIONS**

  -------------------------------------------------------- --------------
  1 Land-Based Personnel Cost \[From Step 3, A(4)\]        

  2 At-Sea Vessel Hours and Cost \[From Step 3, B(4)\]     

  3 Aviation Hours and Cost \[From Step 3, C(4)\]          

  4 Major Program Supplemental Cost \[From Step 3, D(4)\]  

  **5 TOTAL VALUE OF SERVICES (E1 +E2+E3+E4)**             
  -------------------------------------------------------- --------------

Line 1: Enter the amount from Step 3, block A(4) "Total Land-Based Hours
and Cost"

Line 2: Enter the amount from Step 3, block B(4) "Total At-Sea Hours and
Cost"

Line 3: Enter the amount from Step 3, block C(4) "Total Aircraft Hours
and Cost"

Line 4: Enter the amount from Step 3, block D(4) "Total Major Program
Supplemental Cost," if applicable

Add the amount from Lines 1-4 and enter on line 5, in the block titled
"Total Value of Services."

**Step 4: Overhead Calculations**

  ------------------------------- --------- -----------------------------
  A. Total Value of Services                
  \[From Step 3, E(5)\]                     

  B. X 35% (.35)                            

  **C. Total Overhead (4A x .35)            
  \[4Ax.35\]**                              

                                            
  ------------------------------- --------- -----------------------------

1\. Enter the total VALUE OF SERVICES from Step 3, line E(5) on line "A"
to calculate the overhead.

2\. Multiply that number by 0.35%

3\. Enter the product in the appropriate space on line "C."

For purposes of NOAA Joint Enforcement Agreements, overhead is the
portion NOAA pays for law enforcement management services, including
leadership, supervision, quality control, report review, general
record-keeping, infrastructure support such as offices, utilities,
uniforms, equipment, use of vehicles, depreciation or capitalization
costs of capital equipment, etc.

**NOTE: SEVERAL JURISDICTIONS HAVE DIFFERENT METHODS OF CALCULATING
OVERHEAD. IN THOSE CASES, A SEPARATE EXPLANATION FOR A DEVIATION FROM
THE 35% FIGURE MUST BE ATTACHED TO THE WORKSHEET.**

**Step 5: Direct Operations Calculations**

  ------------------------------- --------- -----------------------------
  A. Total Value of Services                
  \[From Step 3 E(5)\]                      

  B. Total Overhead \[From Step 4           
  (C)\]                                     

  **C. Total Direct Operations              
  (5A+5B)**                                 
  ------------------------------- --------- -----------------------------

1.  Enter the Total Value of Services from Step 3, line E(5) on line
    "A."

2.  Enter the Total Overhead from Step 4, line (C), on line "B."

3.  Add the total amount of Value for Services to the Overhead and
    record the amount on line "C."

**PART TWO: EXTERNAL COSTS**

External Costs are those costs associated with JEA funds, other than
personnel and vessel/aircraft costs, for the purchase of equipment,
property, or services. In addition, agencies may use JEA funds to pay
for expenses that do not relate directly to the JEA, but are needed and
intended for use in the agency's marine conservation mission. For
example, an agency may use JEA External Cost funds to pay for employee
positions needed by the agency for its marine conservation mission which
does not have a JEA connection or to purchase items needed for its
marine conservation mission that won't necessarily be used for JEA
enforcement activity.

External costs, including any expense directly for the benefit of the
agency are subject to a limitation of no more than 50% of the total
value of the JEA funds for the agency.

For example, an agency receives \$500,000 in JEA funds. The agency may
use up to \$250,000 of that amount to purchase items for use in the JEA
missions or miscellaneous expenses, or a combination of both so long as
the value of the items does not surpass \$250,000, the amount
representing 50% of the total funding.

**A. Purchases of Equipment, Property, or Service**

  ----------------------------------------------- ---------- ---------- -------
  ITEM (Brief Description)                        Cost Per   Quantity   Total
                                                  Unit                  

  1                                                                     

  2                                                                     

  3                                                                     

  4                                                                     

  **5 Total Purchases**                                                 

                                                                        
  ----------------------------------------------- ---------- ---------- -------

Under "ITEM," briefly describe the item to be purchased. For example,
"27' Patrol Boat, fully equipped," or New model year 4 x 4 patrol
vehicle." Add as many lines as necessary.

Under "Cost Per Unit," enter the cost of each unit.

Under "Quantity," enter the number of each item to be purchased.

Under "Total," enter the total cost by multiplying the cost per unit
times the quantity.

Add the total cost of each item in the right column and enter the result
in the "Total Purchases" space.

A.  **MISCELLANEOUS EXPENDITURES**

  ----------------------------------------------- --------- ---------- -------
  Description of Expenditure                      Cost Per  Quantity   Total
                                                  Unit                 

  1                                                                    

  2                                                                    

  3                                                                    

  **4 Total Miscellaneous Expenditures**                               
  ----------------------------------------------- --------- ---------- -------

Under "Description of Expenditure," briefly describe the thing funded.
For example, "Civilian clerk," or "Near Shore vessel" Add as many lines
as necessary.

Under "Cost Per Unit," enter the cost of each unit.

Under "Quantity," enter the number of each item to be purchased.

Under "Total," enter the total cost by multiplying the cost per unit
times the quantity.

Add the total cost of each item in the right column and enter the result
in the "Total Miscellaneous" space.

**5. TOTAL EXTERNAL COSTS (A5 + B4)**

  --------------------------------------------------------------- -------
  **TOTAL EXTERNAL COSTS (A5 + B4)**                              

  --------------------------------------------------------------- -------

Add the amount listed in Part A, "Total Purchases" to the amount listed
in Part B, "Total Miscellaneous Expenditures" and enter the sum in the
space "Total External Costs."

> **PART THREE: CALCULATION OF TOTAL AMOUNT**

  ------------------------------- ------------------------- -------------
  A. Total Direct Operations                                
  \[From Step 5, line "C"\]                                 

  B. Total External Costs \[From                            
  Part Two, line "C."                                       

  **C. TOTAL AMOUNT OF JEA (A +                             
  B)**                                                      
  ------------------------------- ------------------------- -------------

Enter the amount from Step 5, Line "C," "Total Direct Operations" on
line "A"

Enter the amount from Part Two, Line "C," "Total External Costs," on
line "B"

Add the amount from line "A" to the amount from line "B" and enter the
sum in the on line "C" in the space titled "Total Amount of JEA."

**[DEFINITIONS]{.underline}**

[Cost of Services]{.underline}: specified labor and operating costs of
all proposed patrols, public education and direct support work
compensable under agreement between NOAA/OLE and its partner agency.

[Direct Operations Component]{.underline}: as distinguished from Direct
Purchase Component, the part of a Federal award that compensates the
States for the work to be performed.

[Direct Purchases Component]{.underline}: as distinguished from Direct
Operations Component, the part of a Federal award that allocates money
to a Federal partner for the purchase of a specific item.

[Journeyman Level Enforcement Officer]{.underline}: is a fully trained,
non-supervisory law enforcement officer performing field enforcement
work.

[Man Hour Cost]{.underline}: is the hourly cost of labor comprised of
the appropriate fraction of the annual salary and benefits cost.

[Overhead]{.underline}: is the portion of the award intended to
compensate the State for the costs of providing the infrastructure
necessary to supply the law enforcement services to the Federal
government.

[Personal Benefits]{.underline}: employer's costs for FICA, employee
retirement, health/life insurance, worker's compensation, and
unemployment insurance.

[Vessel/Aircraft Operating Cost]{.underline}: is the combination of the
historical hourly fuel and oil consumption rates and current per
gallon/per quart cost for fuel/oil for vessels/aircraft proposed for use
in Federal enforcement work under this agreement.

**APPENDIX 7**

**VENDOR INFORMATION PROFILE TEMPLATE**

**VENDOR PROFILE INFORMATION**

The purpose of this form is to provide mandatory award and payment
information for NOAA. This information is required as set forth in FAR
52.232-33, *Mandatory Information for* *Electronic Funds Transfer
Payment*, the Debt Collection Improvement Act of 1996, and the Taxpayer
Relief Act of 1997. NOAA will use the information only for the purposes
Stated in the references cited above and will restrict access to the
data to authorized personnel who will use it only for the specified
purposes. Until this information is received, our payment office will
not make any payments.

Please check one: \_\_\_\_ NEW \_\_\_\_ CHANGE (please complete bolded
areas only, along with your changes)

**NAME: Legal
Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

Parent Company Name (if
applicable)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Division/subunit\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Acronym or shortened
name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (8
characters/digits or less)

What type of Vendor are you (select one):

\_\_\_\_ Small Disadvantaged Business \_\_\_\_ Individual

\_\_\_\_ Other Small Business \_\_\_\_ State/Local Government - Hospital

\_\_\_\_ Large Business \_\_\_\_ Other State/Local Government

\_\_\_\_ JWOD Non-Profit Agency \_\_\_\_ Foreign Contractor

\_\_\_\_ Non-Profit Educational Organization \_\_\_\_ Domestic
Contractor Performing Outside US

\_\_\_\_ Non-Profit Hospital \_\_\_\_ Tribal Government

\_\_\_\_ Federal Government \_\_\_\_ HBC/U or Mi

\_\_\_\_ Other Non-Profit Organization \_\_\_\_ Private University

\_\_\_\_ State/Local Government - Educational

DOC/NOAA customer account
number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(if any)

Foreign Corporation Yes\_\_\_\_ No\_\_\_\_

Minority Owned and Operated Business Yes\_\_\_\_ No\_\_\_\_

Women Owned and Operated Business Yes\_\_\_\_ No\_\_\_\_

**Taxpayer Identification Number (TIN)\***

**SSN (individual/sole
proprietorship)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**EIN (Corporation/partnership/sole proprietorship with one or more
employees) \# of parent
company\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\# of Division/subunit\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**DUNS \# (commercial vendors
only)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

\* The Taxpayer Identification Number (TIN) is required by law. If you
fail to provide us with this information, your payments may be subject
to income tax withholding.

Type of Entity/Account applicable to the TIN. (See Form W-9 Request for
Taxpayer Identification Number & Certification, Specific Instructions
Section). Select One:

Broker or Registered Nominee Corporation Individual

Partnership Sole Proprietorship Federal Government

Revocable Savings Trust Custodian Account of a minor Valid Trust,
EState, Pension

Association, Club, Religious, Account with the Dept of Agriculture Trust
Charitable, Educational, or other in the name of a public entity (such
Joint Account (Two/more

tax exempt organization as State/Local Government, School Individuals)

District, or Prison)

Do you require payment in foreign currency? Yes\_\_\_\_ No\_\_\_\_ Type
of currency?

Please indicate the type of products you provide to NOAA.

Services Only Goods Only Goods/Services

ADDRESS: Individual/Business/Organization's sales address and point of
contact

Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address line
1\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address line
2\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

City\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

State\_\_\_\_\_\_\_\_\_\_\_\_\_\_ZIP\_\_\_\_\_\_\_\_\_\_Country\_\_\_\_\_\_\_\_\_\_\_

Phone\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Fax\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Internet E-mail
address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

If payment remit address is different than the sales address, please
provide it below

Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address line
1\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address line
2\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

City\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

State\_\_\_\_\_\_\_\_\_\_\_\_\_\_ZIP\_\_\_\_\_\_\_\_\_\_Country\_\_\_\_\_\_\_\_\_\_\_

Phone\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Fax\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Internet E-mail
address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**ELECTRONIC FUNDS TRANSFER (EFT):**

The Debt Collection Improvement Act of 1996 mandates the use of EFT for
all Federal payments to recipients who become eligible to receive such
payments 90 days after enactment, which was July 26, 1996. Federal
agencies may grant waivers for this mandate to recipients who certify in
writing and send to the Finance office stating that they do not have an
account with a financial institution. Please select one of the following
payment methods:

1\. \_\_\_\_ EFT (Automated Clearing House Payments (ACH))

2\. \_\_\_\_ Check **(MUST SUBMIT REQUEST FOR WAIVER IN WRITING ALONG
WITH THIS FORM)**

3\. \_\_\_\_ OPAC (Federal Agencies only)

If line 1 was checked above, please provide the following financial
information for EFT payments.

(The ACH Coordinator at your financial institution can supply you with
this information)

Financial Institution
Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

City\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_State\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Zip\_\_\_\_\_\_\_\_\_\_\_\_\_

ACH Coordinator
Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Phone\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Nine Digit Routing/Transit Number
(ABA#)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Account
Title\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Type of Account: (select one)

\_\_\_\_Checking Account
Number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_Savings Account
Number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_Lockbox Account
Number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

I certify that the information which I have provided on this form is
correct.

Name (type or print)
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Title\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Phone#\_\_\_\_\_\_\_\_

Signature\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Page 2 of 2

**APPENDIX 8**

**VENDOR INFORMATION PROFILE TEMPLATE**

**INSTRUCTIONS**

**INSTRUCTIONS FOR COMPLETING**

**VENDOR PROFILE INFORMATION FORM**

States/Territories applying for JEA funding must submit a completed and
signed Vendor Profile Information form with the JEA packet. Please
complete the form according to the following instructions. The form may
be completed electronically, typed or printed.

**Step 1:**

The purpose of this form is to provide mandatory award and payment
information for NOAA. This information is required as set forth in FAR
52.232‑33, *Mandatory Information for* *Electronic Funds Transfer
Payment*, the Debt Collection Improvement Act of 1996, and the Taxpayer
Relief Act of 1997. NOAA will use the information only for the purposes
Stated in the references cited above and will restrict access to the
data to authorized personnel who will use it only for the specified
purposes. Until this information is received, our payment office will
not make any payments.

Please check one: \_\_[X\_]{.underline}\_ NEW \_\_\_\_ CHANGE (please
complete bolded areas only, along with your changes)

Place a "X" or check mark in the "New" space.

**Step 2. Legal Name of Organization**

**NAME: Legal
Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

Parent Company Name (if
applicable)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Division/subunit\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Acronym or shortened name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (8
characters/digits or less)

Insert the full legal name of the organization. See example above.

Insert the Division/subunit name. For example, "Division of Fish and
Wildlife;" "Department of Natural Resources".

Insert the 8 character or less acronym or shortened name of the
organization. For continuity purposes, the acronym used in the JEA and
Operations Plan should be used.

**Step 3. Type of Vendor**

What type of Vendor are you (select one):

\_\_\_\_ Small Disadvantaged Business \_\_\_\_ Individual

\_\_\_\_ Other Small Business \_\_\_\_ State/Local Government - Hospital

\_\_\_\_ Large Business \_\_[X]{.underline}\_ Other State/Local
Government

\_\_\_\_ JWOD Non-Profit Agency \_\_\_\_ Foreign Contractor

\_\_\_\_ Non-Profit Educational Organization \_\_\_\_ Domestic
Contractor Performing Outside US

\_\_\_\_ Non-Profit Hospital \_\_\_\_ Tribal Government

\_\_\_\_ Federal Government \_\_\_\_ HBC/U or Mi

\_\_\_\_ Other Non-Profit Organization \_\_\_\_ Private University

\_\_\_\_ State/Local Government -- Educational

Place an "X" or checkmark in the space "Other State/Local Government

**Step 4. Foreign Corporation, Minority Owned Business**

DOC/NOAA customer account
number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(if any)

Foreign Corporation Yes\_\_\_\_ No\_\_\_\_

Minority Owned and Operated Business Yes\_\_\_\_ No\_\_\_\_

Women Owned and Operated Business Yes\_\_\_\_ No\_\_\_\_

Do not place any mark in the "DOC/NOAA customer account number" box.

Place and "X" or checkmark in the "No" box for "Foreign Corporation."

Place and "X" or checkmark in the "No" box for "Minority Owned and
Operated Business."

Place and "X" or checkmark in the "No" box for "Women Owned and Operated
Business."

**Step 5. Taxpayer Identification Number**

**Taxpayer Identification Number (TIN)\***

**SSN (individual/sole
proprietorship)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**EIN (Corporation/partnership/sole proprietorship with one or more
employees)\_\_\_\_\_\_\_\_\_\_**

**\# of parent company\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\# of Division/subunit\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**DUNS \# (commercial vendors only) \_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_**

\* The Taxpayer Identification Number (TIN) is required by law. If you
fail to provide us with this information, your payments may be subject
to income tax withholding.

Enter your State's/Territory's Employer Identification Number (EIN)

Enter your State's/Territory's DUNS#, if appropriate.

**Step 6. Type of Entity/Account Applicable to TIN.**

Type of Entity/Account applicable to the TIN. (See Form W-9 Request for
Taxpayer Identification Number & Certification, Specific Instructions
Section). Select One:

Broker or Registered Nominee Corporation Individual

Partnership Sole Proprietorship Federal Government

Revocable Savings Trust Custodian Account of a minor Valid Trust,
EState, Pension

Association, Club, Religious, 9 Account with the Dept of Agriculture
Trust

Charitable, Educational, or other in the name of a public entity (such
Joint Account (Two/more

tax exempt organization as State/Local Government, School Individuals)

District, or Prison)

Mark or check the space before "Account with the Dept. of Agriculture,
etc." Mark only this one.

**Step 7. Type of Currency**

Do you require payment in foreign currency? Yes\_\_\_\_
No\_\_[X]{.underline}\_ Type of currency?

Place an "X" or checkmark in the "No" space.

**Step 8. Type of Products Provided to NOAA**

Please indicate the type of products you provide to NOAA.

Services Only [**X**]{.underline} Goods Only Goods/Services

Place an "X" or checkmark in the "Services Only" space.

**Step 9. Organization Address**

ADDRESS: Individual/Business/Organization's sales address and point of
contact

Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address line
1\_\_**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address line
2\_**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

City\_**\_\_\_\_\_\_\_**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

State\_\_\_\_\_\_\_\_\_\_\_\_\_ZIP\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Country\_\_\_\_\_\_\_

Phone**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**\_
Fax\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Internet E-mail
address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Enter the full name of the organization. For example, "State of
Washington;" "New York State Department of Environmental Conservation."

Enter any divisional or unit name on the "Address line 1" space. For
example, "Department of Law Enforcement," "Division of Fish and
Wildlife."

Enter the full street address on "Address line 2."

Enter the city, zip code, and country in the appropriate spaces.

Enter the central telephone and fax numbers for the organization.

Entering an email address is optional.

**Step 10. Payment Address**

If payment remit address is different than the sales address, please
provide it below

Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address line
1\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address line
2\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

City
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

State \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ZIP
\_\_\_\_\_\_\_\_\_\_Country\_\_\_\_\_\_\_

Phone\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Fax\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Internet E-mail
address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

If the address where payment is to be delivered is different than the
address of the organization, provide the requested information.

**Step 11. Electronic Funds Transfer**

**ELECTRONIC FUNDS TRANSFER (EFT):**

The Debt Collection Improvement Act of 1996 mandates the use of EFT for
all Federal payments to recipients who become eligible to receive such
payments 90 days after enactment, which was July 26, 1996. Federal
agencies may grant waivers for this mandate to recipients who certify in
writing and send to the Finance office stating that they do not have an
account with a financial institution. Please select one of the following
payment methods:

1\. \_\_\_\_ EFT (Automated Clearing House Payments (ACH))

2\. \_\_\_\_ Check **(MUST SUBMIT REQUEST FOR WAIVER IN WRITING ALONG
WITH THIS FORM)**

3\. \_\_\_\_ OPAC (Federal Agencies only)

Place an "X" or checkmark in the "EFT" space.

**NOTE: If a check is being requested, please contact your regional JEA
representative.**

**Step 12. EFT Financial Institution Information**

If line 1 was checked above, please provide the following financial
information for EFT payments.

(The ACH Coordinator at your financial institution can supply you with
this information)

Financial Institution Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

City\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_State
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Zip\_\_\_\_\_\_\_\_

ACH Coordinator Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Phone\_\_\_\_\_\_\_\_\_\_\_\_

Nine Digit Routing/Transit Number
(ABA#)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Account Title
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Enter the name of the financial institution that will be receiving the
fund transfer.

Enter the full address for the financial institution.

Provide the name of the ACH Coordinator and the business telephone
number for that person.

Enter the 9-digit routing/transit number.

Enter the account title that the money is to be transferred into.

**Step 13. Account Type and Number**

Type of Account: (select one)

\_\_\_\_Checking Account
Number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_Savings Account
Number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_Lockbox Account
Number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Place an "X" or checkmark in the appropriate space. Check only one.

Enter the account number into which the funds are to be transferred.

**Step. 14 Certification and Signature**

I certify that the information which I have provided on this form is
correct.

Name (type or print)
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Title\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Phone**#\_\_\_\_\_\_**

Signature\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Date\_\_\_\_\_\_\_\_\_\_\_

Insert the name of the official completing the form and will certify to
its accuracy.

Insert the official's title and telephone number.

The certifying individual must sign the form and insert the date signed.

**APPENDIX 9**

**AMENDMENT TEMPLATE**

**Amendment \[Number-Start with One\]**

**For**

**Joint Enforcement Agreement**

**Between the**

**\[State\]**

**\[Agency\]**

**And**

**The U.S. Department of Commerce**

**National Oceanic and Atmospheric Administration**

**National Marine Fisheries Service**

**Office for Law Enforcement**

NOAA Fisheries/Office for Law Enforcement (OLE) has a Joint Enforcement
Agreement (JEA) with the State of \[Name\], \[Agency name\] (\[Agency
Initials\]). OLE and \[Agency Inititals\] desire to amend the JEA as set
forth below.

It is therefore AGREED, that the \[enter correct year\] JEA be and is
hereby amended:

1.  Describe changes and cite new language if different.

This JEA modification shall become effective on the date when signed by
all parties. All other provisions of the \[enter correct year\] JEA and
Operations Plan will remain in full force and effect.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Dale J. Jones Date

Chief, Office for Law Enforcement

National Oceanic & Atmospheric Administration

National Marine Fisheries Service

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[Name of Official\] Date

\[Title\]

\[Name of Agency\]

**APPENDIX 10**

**APPLICATION FORM**

**JOINT ENFORCEMENT AGREEMENT**

**FISCAL YEAR 2009**

**INSTRUCTIONS: Complete all sections. Submit the completed application
along with the proposed Joint Enforcement Agreement and all required
documentation to [National Marine Fisheries Service, Office for Law
Enforcement, 8484 Georgia Avenue, Suite 415, Silver Spring, MD
20910.]{.underline} For more information, visit OLE's website at
[www.nmfs.noaa.gov/ole](http://www.nmfs.noaa.gov/ole).**

**APPLICATION**

**For**

**Joint Enforcement Agreement**

**\[Name of State\]**

**[PART ONE: AGENCY INFORMATION]{.underline}**

**State** **Territory** **Commonwealth** of:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Name of
Agency**:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Principle
Address**:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Telephone**:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
**Fax**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Web Address**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Name of Agency
Head**:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Title**:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Address**:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Telephone**:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
**Fax**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**E-Mail**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Principle JEA
Contact**:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Telephone:**
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **Fax**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**E-Mail**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Fiscal Year**: July 1-June 30 October 1- September 30 Other:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Total Sworn Members:**
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Total Sworn Members Dedicated to Marine Law Enforcement**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Total Non-Sworn Members:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Percentage of Enforcement Activities Devoted to Marine Law
Enforcement: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_%**

**No. of Near Shore Vessels: \_\_\_\_\_\_No. of Mid-Range Vessels:
\_\_\_\_\_\_ No. of Long Range Vessels\_\_\_**

**Number of Airplanes
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Helicopters
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**[PART TWO: STATISTICS]{.underline}**

**[Fishing Permits]{.underline} [Commercial]{.underline}
[Recreational]{.underline}**

**State**: \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_

**Federal**: \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_

**Number of State-Registered Recreational Vessels**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Number of Commercial Fishing Vessels: State:**
\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **Federal**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Number of Regulated Fishing Tournaments**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Number of**: **International Airports** \_\_\_\_\_\_\_**Ports**
\_\_\_\_\_\_\_**Border Control Points \_\_\_\_\_\_\_\_\_\_\_\_**

**Number of [Federal]{.underline} Marine Sanctuaries/Protected Areas**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Number of [State/Territory]{.underline} Marine Sanctuaries/Protected
Areas**: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Tidal Shoreline (Outer coast, offshore islands, sounds, rivers, bays,
and creeks)**: \_\_\_\_\_\_\_\_\_miles

**General Coastline, in Miles (General outline of seacoast)**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_miles

**Area(s) of Responsibility (State/Territory Waters)**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_square miles

**Mileage limit of State/Territory Waters**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_miles

**[PART THREE: ESTIMATED VALUE OF PROPOSED SERVICES]{.underline}**

1.  **The JEA will be a** **1-year** **2-year (Select One)**

**2. During this JEA, the AGENCY proposes to provide the following
marine law enforcement services to the Federal Government:**

**Activity Proposed No. of Hours Value**

Land Based Activities \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_

At-Sea Activities \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_

Aviation Activities \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_

Major Program Supplemental

(If Applicable) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_

TOTAL NO. OF PROPOSED HOURS \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**TOTAL VALUE OF PROPOSED SERVICES** \_\_\_\_\_\_\_\_\_\_\_\_\_\_

**[PART FOUR: ESTIMATED EXTERNAL COSTS]{.underline}**

A.  **Equipment, Services, Property or Personnel**

> During this JEA, the AGENCY intends to purchase the following
> equipment, services, property, or personnel:
>
> Item Cost Per Unit Quantity Total
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> **C. Total Estimated Value of External Costs** \_\_\_\_\_\_\_\_\_\_\_

**[PART FIVE: ESTIMATED JEA COST]{.underline}**

Total Value of Proposed Services \_\_\_\_\_\_\_\_\_\_\_\_\_

Total Estimated Value of External Costs \_\_\_\_\_\_\_\_\_\_\_\_\_

TOTAL ESTIMATED JEA COST \_\_\_\_\_\_\_\_\_\_\_\_\_

PART SIX: APPLICATION BY GOVERNOR

**Governor**

I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Governor of the
State/Territory/Commonwealth of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
apply to the Secretary, United States Department of Commerce, for the
execution of a Joint Enforcement Agreement that will authorize the
deputization and funding of marine law enforcement officers of this
jurisdiction to perform those duties of the Secretary relating to law
enforcement provisions under the marine resource laws enforced by the
Secretary and as described herein and in the proposed JEA.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_

Governor Date

***OR, where authority has been delegated to some other official:***

**Designee Certification**: On behalf of the Governor of the
State/Territory, Commonwealth of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, I,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, apply to the Secretary, United
States Department of Commerce, for the execution of a Joint Enforcement
Agreement that will authorize the deputization and funding of marine law
enforcement officers of this jurisdiction to perform those duties of the
Secretary relating to law enforcement provisions under the marine
resource laws enforced by the Secretary and as described herein and in
the proposed JEA. I also certify that I have been officially delegated
this authority by the Governor.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_

Title Signature Date

**[PART SEVEN: CONFIDENTIALITY]{.underline}**

The State law *does not* allow the State to maintain the confidentiality
of information as required by Sec. 402 of the MSA.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_

Signature Date

The State law *does* allow the State to maintain the confidentiality of
information as required by Sec. 402 of the MSA.

I hereby certify that the foregoing information is true and correct
based on my personal knowledge.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_

Signature Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Print Name

**[PART EIGHT: CAPACITY CERTIFICATION]{.underline}**

**Capacity Certification:** I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
the undersigned, hereby certify that I am the head of the agency
identified in this Application and I hereby certify that the AGENCY, has
the capacity to undertake the marine enforcement mission described in
this Application and proposed JEA, and to assist with the enforcement
needs described therein.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title

**[PART NINE: OLE USE ONLY]{.underline}**

Package Complete?

JEAOPS Plan Financial Plan Enforcement Plan

Major Program Addendum Vendor Profile Form

Confidentiality Yes No

Received \_\_\_\_\_\_\_\_\_\_\_\_

Offer\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Proposed
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Sent to GC/DOC \_\_\_\_\_\_\_\_\_\_\_\_\_

Sent to Finance \_\_\_\_\_\_\_\_\_\_\_\_\_\_

**APPENDIX 11**

**DIVISION ENFORCMENT PLAN MODEL**

**ATTACHMENT A---DIVISIONAL ENFORCEMENT PLAN**

**TO ADDENDUM ONE---OPERATIONS PLAN**

**BETWEEN**

**NATIONAL MARINE FISHERIES SERVICE, OFFICE OF LAW ENFORCEMENT,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_DIVISION AND THE**

**STATE/TERRITORY/COMMONWEALTH OF
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**ORIGINAL** **REVISED \_\_\_\_\_\_\_**

I.  **PURPOSE**

> This Divisional Enforcement Plan (DEP), in conjunction with the
> Operations Plan, will serve as the day-to-day operational framework
> for this JEA. It contains those Federal priorities that will be
> targeted for increased enforcement by the AGENCY during this JEA.
> Alterations, modifications, and changes to the DEP are expected as
> needs and priorities change during the course of this JEA. As such,
> the DEP needs to be as flexible as possible and so details can be
> altered, modified, or changed by written agreement of the parties. No
> formal amendment to the JEA or Operations Plan is required unless
> substantive provisions of the JEA or Operations Plan are to be
> altered, modified, or changed as well.

II. REPORTING

> The AGENCY will submit monthly reports of all activities in accordance
> with the provisions set forth in the Operations Plan by the 15^th^ of
> every month. 
>
> In addition, the AGENCY will provide the following information to the
> OLE:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

III. **SUMMARY OF WORK TO BE PERFORMED**

> The AGENCY will provide a minimum of \_[\[From JEA, Section IV
> (B)(2)\]]{.underline}\_total hours of specific, directed, and targeted
> enforcement, or related marine law enforcement activities. A detailed
> description follows.

  ------------- --------------- ----------------------------- ---------------
  TARGETED                                                    
  ENFORCEMENT                                                 
  TOTAL HOURS                                                 

  At-Sea                        Dockside/Inspections          Air Patrol

                                                              

  Vessel        Personnel                                     

                                                              
  ------------- --------------- ----------------------------- ---------------

  ------------------------------- ---------------------------------------
  OTHER HOURS                     

  Admin/Clerical                  Outreach/Education

                                  
  ------------------------------- ---------------------------------------

  ----------------- --------------- ----------------------------- ---------------
  MAJOR PROGRAM                                                   
  HOURS-(Specify)                                                 

  At Sea                            Dockside/Inspections          Air Patrol

                                                                  

  Vessel            Personnel                                     

                                                                  
  ----------------- --------------- ----------------------------- ---------------

IV. **TARGETED ENFORCEMENT ACTIVITIES:**

The AGENCY will conduct the following specific, directed, and targeted
marine enforcement activities consistent with the goals of this JEA.
(INCLUDE AS MANY PRIORITIES AS NECESSARY)

A. PRIORITY 1.---\[Insert Fishery or FMP Name\]

At Sea Activities: \[Describe what activities will be undertaken in
detail.\]

**When activity will be performed (Check all that apply)**:

Spring Year Round

Summer From \_\_\_\_\_\_ to \_\_\_\_\_\_\_

Fall Other\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Winter

Total At Sea Hours \_\_\_\_\_\_\_\_\_\_\_\_ (Combined Personnel and
Vessel Hours)

Dockside Activities: \[Describe what activities will be undertaken in
detail.\]

**When activity will be performed (Check all that apply)**:

Spring Year Round

Summer From \_\_\_\_\_\_ to \_\_\_\_\_\_\_

Fall Other\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Winter

Total Dockside Hours \_\_\_\_\_\_\_\_\_\_\_\_

Air Patrol Activities: \[Describe what activities will be undertaken in
detail.\]

**When activity will be performed (Check all that apply)**:

Spring Year Round

Summer From \_\_\_\_\_\_ to \_\_\_\_\_\_\_

Fall Other\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Winter

Total Air Hours \_\_\_\_\_\_\_\_\_\_\_\_

V.  **ADMINISTRATIVE/CLERICAL ACTIVITIES:** The AGENCY will provide the
    following administrative or clerical activities in support of this
    JEA.

> \[Describe what activities will be undertaken in detail\]
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Full Time

Part time

Total Administrative/Clerical Hours\_\_\_\_\_\_\_\_\_\_\_\_

VI. **OUTREACH AND EDUCATION ACTIVITIES**: The AGENCY will provide
    outreach and education activities consistent with the goals of this
    JEA.

> \[Describe what activities will be undertaken in detail\]
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Total Outreach and Education Hours\_\_\_\_\_\_\_\_\_\_\_\_

**MAJOR PROGRAM ACTIVITY** (If Applicable): The AGENCY will provide
specific, directed, and targeted enforcement activities in support of
the following NOAA major programs. (INCLUDE AS MANY ACTIVITIES AS
NECESSARY)

VII. 

>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_National
> Marine Sanctuary
>
> ALWTRP
>
> Other, Specify\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

At Sea Activities: \[Describe what activities will be undertaken in
detail.\]

**When activity will be performed (Check all that apply)**:

Spring Year Round

Summer From \_\_\_\_\_\_ to \_\_\_\_\_\_\_

Fall Other\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Winter

Total At Sea Hours \_\_\_\_\_\_\_\_\_\_\_\_ (Combined Personnel and
Vessel Hours)

Dockside Activities: \[Describe what activities will be undertaken in
detail.\]

**When activity will be performed (Check all that apply)**:

Spring Year Round

Summer From \_\_\_\_\_\_ to \_\_\_\_\_\_\_

Fall Other\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Winter

Total Dockside Hours \_\_\_\_\_\_\_\_\_\_\_\_

Air Patrol Activities: \[Describe what activities will be undertaken in
detail.\]

**When activity will be performed (Check all that apply)**:

Spring Year Round

Summer From \_\_\_\_\_\_ to \_\_\_\_\_\_\_

Fall Other\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Winter

Total Air Hours \_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_

\[NAME\] DATE

Special Agent-in-Charge

\[Division\]

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_

\[NAME\] DATE

\[Title\]

\[Agency\]

Instructions: This document must be completed and submitted with the JEA
application package. Copies of any future versions of this Plan must be
provided to the CEP Manager, OLE HQ.

[^1]: There are a total of 45 States, territories, or possessions that
    are "eligible" to participate in the CEP. There are 23 coastal
    states, (Al, Ak, Ca, Ct, De, Fl, Ga, Ha, La, Me, Md, Ma, Ms, NH, NJ,
    NY, NC, Or, RI, SC, Tx, Va, and Wa.), 5 territories, (American
    Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the U.S.
    Virgin Islands), 7 Great Lakes States, (Illinois, Indiana, Michigan,
    Minnesota, Ohio, Pennsylvania, and Wisconsin-New York, a Great Lake
    State, is also a coastal state.), and 10 U.S. possessions, (Baker
    Island, Howland Island, Jarvis Island, Kingman Reef, Midway Islands,
    Navassa Island, Palau, Palmyra Atoll, Wake Island, and Micronesia).