(1) The Chief Executive Officer may, in writing, appoint persons as fisheries observers on licensed fishing vessels. (2) Despite subsection (1), fisheries observers may be designated under any fishery plan or treaty and are so designated if: (a) required by any fishery plan or any agreement; or (b) a fisheries observer or class of fisheries observers has been certified under an agreement or other bilateral or multilateral treaty to which Samoa is party. (3) Persons (other than Samoans) designated under subsection (2) are subject to this Act while: (a) carrying out their duties and functions; and (b) enforcing their rights. (4) Fisheries observers: (a) must carry out their scientific, compliance, monitoring and other functions, duties and powers under this Act; (b) may board fishing vessels that is licensed or has a high seas authorisation or a Flag State authorisation; and (c) may remain on the fishing vessel when carrying out their functions, duties and powers under this Act.

11. Operators’, etc., duties on observers – (1) The operator, master, and each member of the crew of a fishing vessel must allow and assist a fisheries observer to do any or more of the following: (a) board and remain on the vessel for the purpose of carrying out the observer’s functions, duties and powers, at any time and place, as the Chief Executive Officer may require; (b) have full access to and the use of facilities and equipment on board the vessel as the fisheries observer determines to be necessary to carry out the observer’s duties, including – (i) full access to the bridge, fish on board and areas which may be used to hold, process, weigh and store fish; (ii) full access to the vessel's records including its log and documentation for the purpose of records inspection and copying; (iii) full access to fishing gear on board; (iv) full access to navigation equipment and radios; (c) take and remove from the vessel reasonable samples for the purposes of scientific investigation and other relevant information; (d) take photographs of the fishing operations, including fish, fishing gear, equipment, charts and records, and remove from the vessel the photographs or film as the observer may have taken or used on board the vessel; (e) send or receive messages by means of the vessel’s communications equipment; (f) gather any other information relating to fisheries in the fishery waters or other areas as may be authorised by licence, authorisation or treaty; (g) disembark at any time and place, as may be determined by the Chief Executive Officer or under an access agreement, plan or treaty; (h) carry out the fisheries observers functions, duties and powers safely; (i) carry out any other prescribed functions, duties and powers. (2) The operator must provide the observer, while on board the vessel, at no expense to the Government or observer, with food, accommodation and medical facilities equivalent to officers of the vessel or any reasonable standard acceptable to the Chief Executive Officer. (3) In addition to the requirements in subsection (2), the Chief Executive Officer may require the operator to pay in full the following costs of the observer: (a) travel costs to and from the vessel; (b) any salary as may be notified by the Chief Executive Officer, being the full amount of the salary; and (c) full insurance coverage. (4) The operator of a licensed fishing vessel must allow and assist an observer: (a) to have full access to a place within Samoa where fish taken in the fishery waters is unloaded or transhipped; (b) to remove samples; or (c) to gather any information relating to fisheries in the fishery waters.

12. Functions and powers of authorised officers and observers – (1) The operator of a fishing vessel must: (a) immediately, comply with any appropriate instruction or direction given by an authorised officer or observer; (b) facilitate safe boarding, entry and inspection of the vessel, vehicle or aircraft and any fishing gear, equipment, records, fish and fish products; and (c) ensure the safety of an authorised officer or observer as appropriate when carrying out his or her functions, duties or powers. (2) In subsection (1), ―operator‖ includes the owner, charterer, master or a crew member of a fishing vessel, the driver of a vehicle or the pilot or crew of an aircraft. (3) A person commits an offense who: (a) contravenes subsection (1); (b) assaults, obstructs, resists, delays, refuses boarding to, intimidates, fails to ensure the safety of or interferes with an authorised officer or observer when carrying out their functions, duties or powers; (c) incites or encourages any other person to assault, resist, or obstruct an authorised officer or observer when carrying out their functions, duties or powers, or a person lawfully acting under the officer’s or observer’s orders or in the officer's or observer’s aid; (d) uses threatening word or behaves in a threatening or insulting manner or uses abusive word or insulting gestures towards any authorised officer or observer when carrying out their functions, duties or powers, or a person acting under the authorised officer’s or observer’s orders or in the officer’s or observer’s aid; (e) fails to comply with any direction or order of any authorised officer or observer; (f) gives to any authorised officer any particular which is false or misleading in any material respect; (g) personates or falsely represents himself or herself to be an authorised officer or observer; (h) falsely represents himself or herself to be a person acting under the authorised officer’s or observer’s orders or in the officer’s or observer’s aid; or (i) resists an arrest made under this Act. (4) For the purpose of subsection (3), a person who does not allow: (a) an authorised officer, or a person acting under the officer’s order or in the officer’s aid; or (b) an observer to carry out the observer’s functions, duties or powers, is taken to be obstructing that officer or the person acting under the order of or aiding the officer or the observer. (5) A person commits an offense who: (a) transports an authorised officer or observer outside the fishery waters; and (b) causes officer or observer to disembark outside the territory of Samoa. (6) A person convicted of an offense under this section is liable: (a) to a fine not exceeding 500 penalty units, or to imprisonment for a term not exceeding six (6) months, or both; and (b) in addition, for any costs of repatriation, including board and lodging while the officer or observer is out of Samoa and their transportation to Samoa. (7) In subsection (5), ―person‖ means: (a) the operator of a fishing vessel; or (b) a company (or its agent)incorporated under the laws of Samoa that owns, partly owns or controls a fishing vessel.

13. Assistance to authorised officers and observers – (1) When exercising their powers under this Act, an authorised officer or observer may, if considered necessary, call upon another person to assist. (2) The person called upon under subsection (1) must render assistance.

14. Identification cards for authorised officers and observers – When carrying out their functions, duties and powers under this Act, an authorised officer or observer must, on request, produce identification card as proof of identity as an authorised officer or observer.

15. Confidential information – A staff member of the Fisheries Division or of the Ministry, an authorised officer, observer or any other person who obtains any confidential information for the purpose of this Act must use the confidential information only for the purposes of this Act.

(1) The operator, master, and each member of the crew of a fishing vessel must allow and assist a fisheries observer to do any or more of the following: (a) board and remain on the vessel for the purpose of carrying out the observer’s functions, duties and powers, at any time and place, as the Chief Executive Officer may require; (b) have full access to and the use of facilities and equipment on board the vessel as the fisheries observer determines to be necessary to carry out the observer’s duties, including – (i) full access to the bridge, fish on board and areas which may be used to hold, process, weigh and store fish; (ii) full access to the vessel's records including its log and documentation for the purpose of records inspection and copying; (iii) full access to fishing gear on board; (iv) full access to navigation equipment and radios; (c) take and remove from the vessel reasonable samples for the purposes of scientific investigation and other relevant information; (d) take photographs of the fishing operations, including fish, fishing gear, equipment, charts and records, and remove from the vessel the photographs or film as the observer may have taken or used on board the vessel; (e) send or receive messages by means of the vessel’s communications equipment; (f) gather any other information relating to fisheries in the fishery waters or other areas as may be authorised by licence, authorisation or treaty; (g) disembark at any time and place, as may be determined by the Chief Executive Officer or under an access agreement, plan or treaty; (h) carry out the fisheries observers functions, duties and powers safely; (i) carry out any other prescribed functions, duties and powers. (2) The operator must provide the observer, while on board the vessel, at no expense to the Government or observer, with food, accommodation and medical facilities equivalent to officers of the vessel or any reasonable standard acceptable to the Chief Executive Officer. (3) In addition to the requirements in subsection (2), the Chief Executive Officer may require the operator to pay in full the following costs of the observer: (a) travel costs to and from the vessel; (b) any salary as may be notified by the Chief Executive Officer, being the full amount of the salary; and (c) full insurance coverage. (4) The operator of a licensed fishing vessel must allow and assist an observer: (a) to have full access to a place within Samoa where fish taken in the fishery waters is unloaded or transhipped; (b) to remove samples; or (c) to gather any information relating to fisheries in the fishery waters.

(1) The operator of a fishing vessel must: (a) immediately, comply with any appropriate instruction or direction given by an authorised officer or observer; (b) facilitate safe boarding, entry and inspection of the vessel, vehicle or aircraft and any fishing gear, equipment, records, fish and fish products; and (c) ensure the safety of an authorised officer or observer as appropriate when carrying out his or her functions, duties or powers. (2) In subsection (1), ―operator‖ includes the owner, charterer, master or a crew member of a fishing vessel, the driver of a vehicle or the pilot or crew of an aircraft. (3) A person commits an offense who: (a) contravenes subsection (1); (b) assaults, obstructs, resists, delays, refuses boarding to, intimidates, fails to ensure the safety of or interferes with an authorised officer or observer when carrying out their functions, duties or powers; (c) incites or encourages any other person to assault, resist, or obstruct an authorised officer or observer when carrying out their functions, duties or powers, or a person lawfully acting under the officer’s or observer’s orders or in the officer's or observer’s aid; (d) uses threatening word or behaves in a threatening or insulting manner or uses abusive word or insulting gestures towards any authorised officer or observer when carrying out their functions, duties or powers, or a person acting under the authorised officer’s or observer’s orders or in the officer’s or observer’s aid; (e) fails to comply with any direction or order of any authorised officer or observer; (f) gives to any authorised officer any particular which is false or misleading in any material respect; (g) personates or falsely represents himself or herself to be an authorised officer or observer; (h) falsely represents himself or herself to be a person acting under the authorised officer’s or observer’s orders or in the officer’s or observer’s aid; or (i) resists an arrest made under this Act. (4) For the purpose of subsection (3), a person who does not allow: (a) an authorised officer, or a person acting under the officer’s order or in the officer’s aid; or (b) an observer to carry out the observer’s functions, duties or powers, is taken to be obstructing that officer or the person acting under the order of or aiding the officer or the observer. (5) A person commits an offense who: (a) transports an authorised officer or observer outside the fishery waters; and (b) causes officer or observer to disembark outside the territory of Samoa. (6) A person convicted of an offense under this section is liable: (a) to a fine not exceeding 500 penalty units, or to imprisonment for a term not exceeding six (6) months, or both; and (b) in addition, for any costs of repatriation, including board and lodging while the officer or observer is out of Samoa and their transportation to Samoa. (7) In subsection (5), ―person‖ means: (a) the operator of a fishing vessel; or (b) a company (or its agent)incorporated under the laws of Samoa that owns, partly owns or controls a fishing vessel.

(1) When exercising their powers under this Act, an authorised officer or observer may, if considered necessary, call upon another person to assist. (2) The person called upon under subsection (1) must render assistance.

When carrying out their functions, duties and powers under this Act, an authorised officer or observer must, on request, produce identification card as proof of identity as an authorised officer or observer.

A staff member of the Fisheries Division or of the Ministry, an authorised officer, observer or any other person who obtains any confidential information for the purpose of this Act must use the confidential information only for the purposes of this Act.