Decree no. 2012-174 of 12 March 2012 (English translation of law here)

Translated text:

This decree determines, in accordance with the provisions of Article 48 of Law No.. 2-2000 of February 1, 2000, the status of observer on board a fishing vessel operating in waters under Congolese jurisdiction.

Article 2: For the purposes of this decree, an observer on board a vessel is any sworn agent of the Ministry responsible for fisheries duly mandated by the proper fisheries authority to carry out the missions defined in article 3 of this decree.

Chapter 2: Missions

Article 3: The observer's missions on board the fishing vessel consist of:

• observing fishing activities in the light of the obligations entered into by the shipowner, holder of the fishing license, and relating, in particular, to the gear used, the fishing zones, the quantity and nature of the species caught, the quantity of by-catches, and the method of preserving the products on board;
• report to the fisheries and aquaculture authority on all the vessel's fishing activity during the tide.

Chapter 3: Obligations of the Shipowner

Article 4: The shipowner who takes an observer on board his vessel is required to:

• facilitate the conduct of the mission;
• make available to the observer all information, documents and instruments necessary for the carrying out of their mission;
• provide the observer with good safety, working and living conditions on board the vessel.

Chapter 4: Obligations
of the Vessel Master

Article 5: The master of the vessel on which there is an observer shall:

• provide any information requested by the observer;
• provide access to navigation or monitoring equipment;
• authorize them to communicate as much as necessary with the appropriate department of the ministry;
• authorize the filming, recording or photographing of fishing activities and fishing gear on board the vessel;
• authorize the taking of any samples to determine the extent of the vessel's activities.

Article 6: After each landing, the observer submits a report on all the activity observed on board the vessel, which can be used as evidence in sanction proceedings for marine fishery offenses. The report must indicate whether:

• fishing is carried out in accordance with the provisions in force and the international conventions ratified by the Republic of Congo;
• the preservation of fish products is ensured in accordance with the provisions in force.

Article 7: The report is sent to the Minister of Fisheries and Aquaculture within a week.

Article 8: Where the conclusions of the observer's report highlight a fishing practice that does not comply with the provisions in force, the Minister of Fisheries and Aquaculture may order the offending vessel to be put on notice at the quayside.

Article 9: The observer on board the fishing vessel has the rank of officer, and is entitled to the same treatment as vessel officers. However, the shipowner or master of a vessel shall not enter into an agreement of any kind with the observer to enable the observer to perform any duties of hand on board the vessel.

Article 10: Shipowners are responsible for the comfort and convenience of the observer on board the vessel for the duration of the voyage. In the case of a foreign vessel that is calling at a foreign port, the observer landed for repatriation to their place of origin must be taken in charge by the shipowner.

Article 11: Every person who contravenes the provisions of this Decree is liable to the penalties provided for in articles 84 and 92 of Law No. 2-2000 of 1 February 2000, as aforesaid.

Article 12: This Decree will be registered and published in the Journal Officiel de la République du Congo (Official Journal).