(1) The Director shall plan and manage an Observer programme to monitor fishing activities conducted in the fisheries waters. The Fisheries Director shall appoint such persons as observers he or she considers fit to be fisheries observers. (2) For the purposes of an access agreement or arrangement entered into under section 38 of this Act or a fisheries management agreement or arrangement entered into under section 40 of this Act, an observer appointed in accordance with the agreement or arrangement is deemed to be an observer appointed in accordance with this Act. (3) This section applies to an observer in the performance of his or her duties as if he or she were appointed under an agreement or arrangement referred to in subsection (2), subject to such terms and conditions as may be prescribed by the Director.

(1) A person on board a fishing vessel in respect of which a licence has been issued under this Act shall permit and assist an observer to board and remain on the vessel for the purposes of carrying out his or her duties and functions in accordance with this Act and as may be prescribed. (2) The master and each member of the crew of a vessel shall immediately comply with every lawful instruction or direction given by an Observer and facilitate safe boarding and inspection of the vessel including any equipment, fishing gear and fished fishery products carried on board that vessel and licence, certificate or other document required under this Act or concerng the operation of the vessel (3) The master and each member of the crew of a vessel shall take all measures to ensure the safety of an observer in the performance of his or her duties and functions. (4) A person who- (a) fails to take all reasonable measures to ensure the safety of an observer In the performance of his or her duties and functions; (b) wilfully obstructs or assaults an observer in the performance of his or her duties and functions; or (c) fails to comply with any lawful instruction or direction given by an observer in the performance of his or her duties and functions, commits an offense and is liable onconv.iction to.a fine not exceeding fifty thousand dollars and, in default of payment of the fine, to imprisonment for a term not exceeding one year, or to both the fine and imprisonment.

(3) An act or omission of a person on the high seas, which, if committed within the fisheries waters, would be an offense against section 74 or section 80 of this Act, is deemed to have been committed within the fisheries waters, whether or not the authorized officer or observer is a Gambian national.