Observers

Marine Resources Act

Does the law/regulation provide for observers and are there requirements for the nationality of observers?

  • Article 7

    (1) There shall be fisheries observers who shall be appointed by the agency to- (a) observe the harvesting, handling, and processing of marine resources and related operations and to record data concerning such operations; (b) collect and record biological and other information related to activities governed by this Act; (c) collect samples of marine resources harvested; (d) report to the agency any observations and information obtained under this subsection; and (e) perform such other activities as may be agreed upon between the Minister and the agency, but not inconsistent with paragraphs (a) to (d). (2) The Minister may require a person harvesting marine resources, under a right, an exploratory right or a fisheries agreement to (a) carry a fisheries observer aboard any fishing vessel; b) admit a fisheries observer to any land and any premises used for harvesting marine resources; (c) allow the fisheries observer referred to in paragraphs (a) and (b) access to all parts of the fishing vessel, land and premises as well as to any records, documents and marine resources found there; (d) provide reasonable accommodation for the fisheries observer referred to in paragraphs (a) and (b); and (e) allow the fisheries observer referred to in paragraphs (a) and (b) the use of all equipment necessary for the performance of his or her functions.

  • Article 7

    (1) There shall be fisheries observers who shall be appointed by the agency to- (a) observe the harvesting, handling, and processing of marine resources and related operations and to record data concerning such operations; (b) collect and record biological and other information related to activities governed by this Act; (c) collect samples of marine resources harvested; (d) report to the agency any observations and information obtained under this subsection; and (e) perform such other activities as may be agreed upon between the Minister and the agency, but not inconsistent with paragraphs (a) to (d). (2) The Minister may require a person harvesting marine resources, under a right, an exploratory right or a fisheries agreement to (a) carry a fisheries observer aboard any fishing vessel; b) admit a fisheries observer to any land and any premises used for harvesting marine resources; (c) allow the fisheries observer referred to in paragraphs (a) and (b) access to all parts of the fishing vessel, land and premises as well as to any records, documents and marine resources found there; (d) provide reasonable accommodation for the fisheries observer referred to in paragraphs (a) and (b); and (e) allow the fisheries observer referred to in paragraphs (a) and (b) he use of all equipment necessary for the performance of his or her functions.

  • Article 8

    There is hereby established a juristic person to be known as the Fisheries Observer Agency.

Regulations relating to the exploitation of marine resources

Does the law/regulation provide for observers and are there requirements for the nationality of observers?

  • Article 33

    (1) The master of a licensed fishing vessel must promptly provide a fisheries inspector safe and convenient access to the vessel at any time that the fisheries inspector seeks to board that vessel in the exercise of his or her powers in terms of the Act, including a suitable boarding ladder. (2) The master of a licensed fishing vessel must, while in Namibian waters, allow a fisheries inspector, fisheries observer or any other person designated by the Minister for a specific purpose, to board and remain on board such fishing vessel and must without charge - (a) allow the inspector, observer or other designated person full access to all equipment, including navigation and communication equipment, records and documents and to any marine resources on board the vessel as may be necessary to carry out his or her duties; (b) allow the inspector, observer or other designated person to make tests, observations and records and to take and remove such samples as he or she may reasonably require in connection with the vessel’s activities in terms of the licence; and (c) provide the inspector, observer or other designated person food and accommodation at least equivalent to that provided to officers of the vessel.