There are no nationality requirements, however observers must be sourced from the national observer programme of a Party or a regional or subregional observer programme (Fisheries (PNA Third Implementing Arrangement) Regulations 2009).

(1) The Minister may, by notice in the Gazette, appoint a person as an observer. (2) An observer shall be allowed and assisted to board and remain on board a licensed boat at any time, for scientific, compliance, monitoring and other similar observation functions. (3) While on board a boat in accordance with subsection (2), an observer - (a) shall be provided at no charge with reasonable food, accommodation and medical care equivalent to that provided for officers of the boat; and

(b) shall be provided with a suitable work area including a table and sufficient lighting to carry out his work; and (c) shall have full access to the bridge, fishing equipment and fish on board and areas which may be used to hold, process, weigh and store fish; and (d) shall have full access to the boat's documents for the purposes of inspection and copying; and (e) shall have reasonable access to navigation equipment and charts and shall be provided upon request with the accurate position of the boat in latitude and longitude; and (f) shall have messages on his behalf promptly sent and received by means of the communications equipment aboard the boat; and (g) may take and remove from the boat samples and relevant information; and (h) may take photographs of the fishing operations and any associated operations, including fish, fishing equipment and charts and records, and may remove from the boat any photographs or film that he may have taken or used on board the boat; and (i) shall be allowed and assisted to carry out all duties safely; and (j) shall be embarked and disembarked at times and places as agreed between the observer and the master.

(4) Where the boat on which the observer is placed is a foreign boat, the observer shall be provided with - (a) full travel costs to and from the points of embarkation and disembarkation; and (b) salary; and (c) full insurance cover in respect of loss of life, medical expenses or personal injury.

(1) An act or omission in contravention of a provision of this Act which is committed - (a) by any person within fisheries waters; or (b) outside fisheries waters by any Nauruan citizen or any person ordinarily resident in Nauru; or (c) by any person on board a national boat,

shall be dealt with and judicial proceedings taken as if the act or omission had taken place in Nauru. (2) Where this Act entitles an authorised officer or an observer to exercise a power or perform a function outside fisheries waters, any act or omission of any person outside fisheries waters in relation to the authorised officer or observer, which if committed within fisheries waters would be an offense against this Act, shall be deemed to have been committed within fisheries waters. (3) Where a law or a condition of a licence specifically or incidentally requires the reporting of a fact while a boat is on the high seas, proceedings may be taken in respect of a failure to report the fact as if the failure had occurred within fisheries waters.