Observers

Fisheries Management Act 2002

Does the law/regulation provide for observers and are there requirements for the nationality of observers?

  • Article 78-79

    (1) The Minister may appoint any person he considers suitable to be an authorised observer. (2) For the purposes of a multilateral access agreement or arrangement entered into under sections 39 and 40 or a fisheries management agreement or arrangement entered into under section 39, an observer appointed in accordance with such agreement or arrangement shall be deemed to be an observer appointed in accordance with this section and this Part shall apply to such observer in the performance of his duties as if he were so appointed but subject to such terms, conditions or limitations as may be imposed by the Secretary by Notice in the Gazette or as may be prescribed.

    Section 79 (1) Any person on board any vessel in respect of which a licence or other authorisation has been issued or recognised under this Act shall permit an authorised observer to board and remain on such vessel for the purposes of carrying out his duties. (2) The master and each member of the crew of such vessel shall allow and assist any observer to carry out his duties. (3) The master and each member of the crew shall meet such other requirements in relation to the observer as may be prescribed.

    (4) The master and each member of the crew of any fishing vessel shall immediately comply with every lawful instruction or direction given by an observer and facilitate safe boarding and inspection of the vessel, its fishing gear, equipment, records, fish and fish products, and shall take all measures to ensure the safety of an observer in the performance of his duties.

    (5) Any person who - (a) assaults, obstructs, resists, delays, refuses boarding or entry, intimidates or fails to take all reasonable measures to ensure the safety of or otherwise interferes with an observer in the performance of his duty; (b) fails to comply with any lawful instruction or direction given by an observer; (c) uses threatening language or behaves in a threatening manner or uses abusive language towards any observer while in the execution of his duties, or any person acting under the lawful instruction or direction of the observer or in his aid; (d) incites or encourages any other person to assault, obstruct, resist, delay, refuse boarding or entry, intimidate or otherwise interfere with any observer while carrying out his duties, or any person acting under the lawful instruction or direction of an observer or in his aid; (e) knowingly furnishes to any observer any particulars which are false or misleading in any respect; (f) impersonates or falsely represents himself to be the master or other officer of a fishing vessel; (g) impersonates or falsely represents himself to be an observer, or (h) is in breach of any duty to the observer required under this Act, shall be guilty, of an offense and shall be liable to a fine not exceeding $500,000 or imprisonment not exceeding 3 years or to both.