Fisheries Management Act 1998
Does the law/regulation provide for observers and are there requirements for the nationality of observers?
Article 50
(1) An observer programme shall be established by the Authority for the purpose of collecting and reporting reliable and accurate information for scientific, management, and compliance purposes including - (a) the species, quantity, size, age, and condition of fish, taken; and (b) the methods by which, the areas in which, and the depths at which, fish are taken; and (c) the effects of fishing methods on fish, and the environment; and (d) all aspects of the operation of any vessel; and (e) processing, transportation, transhipment, storage, or disposal of any fish; and (f) any other matter that may assist the Managing Director to obtain, analyse, or verify information for the purposes of fisheries scientific, management, and compliance purposes. (2) The Managing Director may give directions to each observer in accordance with the purposes of the observer programme, including placing an observer on any vessel used for fishing, transhipment, and the transportation and landing of fish.
Article 51
(1) The Managing Director may appoint a person to be an observer for the purposes of the observer programme under Section 50. (2) The person appointed under Subsection (1) may be appointed on such terms and conditions as specified under this Part and on such other terms and conditions as may be approved by the Managing Director. (3) An observer shall on request identify himself and produce evidence that he is an observer, and the production by any observer of any identification document issued to him shall, until the contrary is proved, be sufficient authority for any such observer to do anything which he is authorized by this Act to do.
Article 52
(1) The operator and each crew member of any vessel, or licence holder in respect of any vessel, on which an observer is placed, shall allow and assist the observer to - (a) board such vessel at such time and place as the Managing Director may require; and (b) have full access to and the use of facilities, gear and equipment on board the vessel which the observer may determine is necessary to carry out his duties, including - (i) any fish on board the vessel which may be used to hold, process, weigh and store fish; and (ii) the bridge and the communications and navigation equipment of the vessel; and (iii) the documents and records, including all logbooks of the vessel, whether required to be carried and maintained under this Act or otherwise for purposes including record inspection and copying; and (c) receive and transmit messages and communicate with the shore and other vessels by means of the vessel’s communications equipment; and (d) take, measure, remove from the vessel and retain samples or whole specimens of any fish; and (e) store samples and whole specimens on the vessel, including samples and whole specimens held in the vessel’s freezing facilities; and (f) take photographs of the fishing operations, including fish, gear, equipment, documents, charts and records, and remove from the vessel such photographs or film as he may have taken or used on board the vessel; and (g) disembark at such time and place as the Managing Director may require or in accordance with an applicable access agreement; and (h) carry out all duties safely. (2) Any operator of a vessel licensed under this Act shall allow and assist an observer to have full access to any place in Papua New Guinea where fish taken from the fisheries waters is unloaded or transhipped, to remove reasonable samples for scientific purposes and to gather any other information relating to fisheries waters, and provision in Subsection (1) shall apply to in such circumstances mutatis mutandis.
Article 53
(1) The owner or operator of any vessel, or licence holder in respect of any vessel, on which an observer is placed, shall provide food. (2) owner or operator of any vessel, on which an observer is to be placed shall, in addition to any other fees or charges required under this Act, provide to the Authority in respect of such observer, and in advance of his placement, for the duration of his duties in respect of such vessel - (a) insurance coverage; and (b) salary; and (c) allowances; and (d) all travel and associated expenses to and from the vessel; and (e) other costs associated with management of the observer programme, at a level to be approved by the Managing Director.
Article 54
(1) Before placing any observer on a vessel, the Managing Director shall give the operator or licence holder, of or in respect of the vessel, reasonable notice of his intention to place observers on the vessel. (2) Upon receipt of a notice given under Subsection (1), no person shall cause or allow the vessel to which the notice relates to put to sea without having on board any observer specified in such notice.