Decree n° 2016-1804
Does the law/regulation provide for observers and are there requirements for the nationality of observers?
Article 59
Translated text:Observers are government agents recruited on behalf of the Ministry of Maritime Fisheries and have the general function of observing fishing activities, monitoring fishing operations, collecting data in consideration of the obligations undertaken by the license holder and relating, in particular, to gear, fishing areas, the quantity and nature of species caught and reporting to the competent authorities.
Observers are not authorized to note fishing violations.
Article 60
Translated text:The shipowner, his representative or the captain of the vessel must send a written request for the boarding of observers to the competent department of the Ministry responsible for maritime fisheries.
Article 61
Translated text:The shipowner, his representative or the captain of the vessel has the obligation:
- to allow the observer to board the vessel to carry out his duties and to remain on board for the period specified in the request. However, upon request, an extension not exceeding ten (10) days may be granted by the competent service;
- to make the necessary arrangements to embark or disembark the observer on the date, at the time and at the place specified in the request;
- to ensure that the observer has good safety, working and living conditions on board the vessel.
Article 62
Translated text:The commander of the fishing vessel must provide the observer with, in particular:
- the information he requests;
- the possibility of having access to navigation or surveillance equipment;
- the authorization to communicate as much as necessary with the competent department of the Ministry responsible for Maritime Fisheries by means of the communication equipment on board;
- the necessary assistance to examine the fishing gear on board the vessel;
- the authorization to film or photograph fishing activities as well as fishing gear or equipment;
- permission to carry out tests, observations and recordings, to take and collect any sample in order to determine the extent of the vessel's activities;
- food and accommodation, when he must remain on board the vessel for more than four (4) hours without interruption.
Article 63
Translated text:Where possible, the vessel's commander shall provide the observer with a suitable working area which includes a table with adequate lighting.
Article 64
Translated text:When the fishing vessel stops in a foreign port, the observer disembarked for repatriation to his place of origin shall be housed and maintained in a suitable establishment at the shipowner's expense.
The travel expenses of the observer whose vessel stops in a foreign port shall be borne by the shipowner.
Any travel disembarkation of the observer in a foreign port shall be subject to a prior declaration to the competent department of the Ministry responsible for maritime fisheries.
Article 65
Translated text:The observer, on board the ship, is entitled to the treatment due to the officers of the ship.
Article 66
Translated text:The owner, shipowner, operator or commander of the vessel is prohibited from entering into agreements of any nature whatsoever with observers that allow them to perform seafarer duties on board the vessels.
No observer shall work as a seafarer or perform other duties on board the vessel that are remunerated by the shipowner or commander of the vessel.