(1) The Fisheries Officer may appoint in writing any person to be an authorised observer for the purposes of this Act.

(2) Any observer authorised pursuant to an access agreement or fisheries management agreement, who is not a citizen or has not been appointed in accordance with subsection (1), shall have such rights and privileges of an observer appointed under subsection (1) and a citizen as may be required for the performance of his duties, and all provisions of this Act relating to authorised observers shall be applicable to such persons.

(1) A person on board any vessel with a valid and applicable license issued or recognised pursuant to this Act shall permit an authorised observer to board and remain on such vessel for the purposes of carrying out his duties and functions.

(2) The operator and each member of the crew of such vessel allow and assist any authorised observer to carry all his duties and functions, including to:

(a) board such vessel for scientific, compliance monitoring and other functions, at such time and place as the Fisheries Officer may require;

(b) have full access to and the use of facilities and equipment on board the vessel which the authorised observer may determine is necessary to carry out his duties, including:

(i) full access to the bridge, navigation charts, fish on board and areas which may used to hold, process, weigh and store fish;

(ii) full access to the vessel's records, including its logbooks and documentation for the purposes of records inspection and copying;

(iii) full access to fishing gear on board;

(iv) reasonable 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 vessel such photographs or film as he may have taken or used on board the vessel;

(e) send or receive messages by means of the vessel's communication equipment;

(f) carry out all duties safely;

(g) disembark at such time and place as the Fisheries Officer may require or in accordance with an applicable access agreement.

(3) The operator shall provide the authorised observer, and an authorised officer forced by circumstances to stay on board the vessel for a prolonged period of time, while on board the vessel, at no expense, with food, accommodation and medical facilities equivalent to that accorded to officers.

(4) In addition to the requirements of subsection (3), the Minister may require the operator to pay in full the following costs of the authorised observer:

(a) training;

(b) travel costs to and from the vessel;

(c) such salary as may be notified by the Fisheries Officer, being the full amount of such salary;

(d) full insurance coverage.

(5) An operator of any fishing vessel with a valid licence issued under this Act shall allow and assist an authorised observer to have full access to any place within Tuvalu where fish taken in the fishery waters is unloaded or transhipped, to remove reasonable samples for scientific purposes and to gather any information relating to fisheries in the fishery waters.

(6) Any person who contravenes subsection (1), (2), (3) or (5) shall be liable upon conviction to a fine of $50,000 or imprisonment for 12 months.

(1) The master and each crew member of a fishing vessel, the driver of a vehicle and the pilot and crew of an aircraft shall immediately comply with every instruction or direction given by an authorised officer or authorised observer as appropriate, and facilitate safe boarding, entry and inspection of the vessel, vehicle or aircraft and any fishing gear, equipment, records, fish and fish products.

(2) A person commits an offense who:

(a) assaults, obstructs, resists, delays, refuses boarding to, or fails to take all reasonable measures to ensure the safety of or otherwise interferes with an authorised observer in the performance of his duties;

(b) incites or encourages any other person to assault, resist or obstruct an authorised officer or authorised observer while carrying out his powers or duties, or a person lawfully acting under the authorised officer's orders or his aid;

(c) uses threatening language or behaves in a threatening or insulting manner or uses abusive language or insulting gestures towards an authorised officer or authorised observer while in the execution of his powers of duties, or a person lawfully acting under an authorised officer's orders or his aid;

(e) fails to immediately comply with the lawful requirements of an authorised officer or observer, or including as required in subsection(3)

(f) fails to take all reasonable measures to ensure the safety of an authorised officer or authorised observer as appropriate in the performance of his duties.

(g) furnishes to an authorised officer or authorised observer any particular which to his knowledge are false or misleading in any respect;

(h) personates or falsely represents himself or herself to be an authorised officer or authorised observer or who falsely represents himself to be a person lawfully acting under an authorised officer's orders or his aid;

(i) personates or falsely represents himself to be the master or other officer of a fishing vessel;

(j) resists lawful arrest for any act prohibited by this Act;

(k) interferes with, delays or prevents by any means, the apprehension or arrest of another person having reasonable grounds to believe that such person has committed an act prohibited by this Act;

(l) is in breach of any other duty to an authorised officer or authorised observer required under this Act,

and on conviction shall be liable to a fine of $100,000 and 12 months imprisonment.

(3) For the purposes of subsection (2), a person who does not allow any authorised officer, or a person acting under his orders or in his assistance, or an authorised observer to exercise any of the powers conferred on such person by this Act shall be deemed to be obstructing that officer, person or observer.

(4) Every person who, being a master, owner, charterer, agent, or company established under the laws of Tuvalu of a fishing vessel which transports an authorised officer, inspector or observer outside the fishery waters and causes him to disembark outside the territory, or jurisdiction of Tuvalu, commits an offense and shall be jointly and severally liable on conviction to a fine of $50,000 plus all costs of repatriation including board and lodging while out of Tuvalu and direct transportation to Tuvalu.

(5) Where a person is convicted of an offense against subsection (2) or (4), the court may, in addition to any other penalty, order be banned from going or remaining on board any fishing vessel in the fishery waters for a specified period of time, not to exceed 5 years.

(6) A person who contravenes an order under subsection (5), or the master of a fishing vessel who knowingly permits a person banned under subsection (5) to go or remain on board a fishing vessel under his command, commits an offense and is liable on conviction to the fine specified in subsection (2).

An authorised officer or authorised observer, when exercising any of the powers conferred by this Act, shall on request produce identification or such other evidence as is reasonably sufficient to show he is an authorised officer or authorised observer under this Act.