Observers

Fisheries Law

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

  • Article 2

    –Defines a monitor as "The person appointed by the Ministry who undertakes the collection of all data and information related to fishing on boats and landing centers." –Defines an inspector as: "The person appointed by the Ministry who carries out the requirements of surveillance on the fishing boats and fisheries installations."

  • Article 47

    The Ministry shall undertake periodical monitoring and control over the factories and plants of processing, canning and storing marine creatures and the means of their transportation to make sure that they are sound and are in conformity with the specifications and in coordination with the concerned parties.

  • Article 48

    The monitoring officers subordinated to the Ministry shall assume the nature of judicial control with relation to any breaching related to the implementation of the provisions of this law and the regulations. A resolution shall have to be issued by the Minister of Justice for their appointment on submission by the Minister and the regulations shall define their assignments, powers and the conditions of their appointment.

Resolution of Prime Minister No. 296 of 2006 Regarding Executive Regulations for Law No. 2 of 2006 Concerning Organization and Exploitation of Aquatic Organisms and their Protection

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

  • Article 69

    The Ministry and its offices in the coastal governorates shall undertake the tasks of marine monitoring and surveillance on all fishing activities in accordance with the provisions of this law, the regulations and the executive resolutions thereto.

  • Article 70

    The Ministry shall appoint monitors on each boat of the coastal, industrial and receiving boats operating in the sea waters of the Republic and any boats that are subjected to monitoring according to its type, size and the relationship of each of them.

  • Article 71

    The marine monitor shall undertake the following tasks and powers: 1- He shall be available on board the boat continuously during the activity of the licensed boat for fishing or receiving or during on-loading and also during the availability of the cargo on board the boat prior to off-loading and during off- loading. 2- To report about violence committed by the fishing or receiving boat to the Ministry and its concerned office. 3- To keep a record, in which he shall record the quantities of production, their species and the coordinates of their catching or receiving and the distance and depths with regard to fishing boats, the date and number of casts and number of violence committed, the general state of the boat, its activity and any other data defined by the Ministry. 4- To report about the catch data or quantities received from marine creatures daily through the communication equipment to the Ministry and its concerned offices. 5- He shall hand over all the documents that he holds having relationship to the boat during the voyage to the Ministry’s office at the off-loading harbor as soon as he arrives at the off-loading harbor directly. 6- To use the facilities and equipment available on board the boat in a manner that would enable the monitor to perform his tasks. 7- To have access to the steering cabin on board the boat and the locations which could be used to conserve or treat or weigh and store the marine creatures. 8- To be fully perused on the records of the boat relating to fishing. 9- To take samples from any fish or marine creatures for the purposes of checking, weighing, researching or for any activity of the monitoring job. 10- To be perused on the navigational information having relationship to the activity of the boat, fishing and the using of communications equipment that are related to his duties.

  • Article 72

    The following conditions shall be stipulated for the appointment of a marine monitor:- 1- He should be a Yemeni and he should not be less than eighteen years old and not more than fifty years. 2- He should be a graduate from one of the marine or navigation institutions or a holder of general secondary certificate. 3- He should enjoy health and physical fitness and should be a good swimmer. 4- He should know and be aware of fishing gears and tools and navigation equipment, fish species and marine creatures. 5- To be a permanent staff member and the Minister shall have the right to exclude whom he considers from such condition. 6- Priority should be given to graduates of the marine and navigation institutions and colleges and those given training courses in the field of marine monitoring and surveillance.

  • Article 73

    The Coastal Monitoring Officer shall undertake the following tasks and powers:- 1- To report about any nets or implements or fishing gears made or contravening with the defined specifications by the Ministry. 2- To report about artisanal fishing boats which are not numbered or licensed. 3- To report about the cases of the landing of marine creatures in the time of non fishing season or those which are banned to be caught. 4- To ensure that the safety equipment and conditions are available onboard the artisanal fishing boats. 5- To report about cases of marine creatures landings at other centers than landing centers and auction yards defined by the Ministry. 6- To report about the transporting means of marine creatures from the landing centers, in which the conditions and specifications defined by the Ministry do not exist. 7- To report about violence of the provisions of the law, this regulations or other regulations, resolutions or orders in force which he may discover.

  • Article 74

    The following shall be stipulated for the appointment of a coastal monitoring officer: 1- He should be of Yemeni nationality and his age not less than eighteen. 2- He should be holding a scientific degree not less than general secondary education or the equivalent from the graduates of the technical institute. 3- He should be enjoying health and physical fitness. 4- He should be knowing and aware of the fishing gears and tools, fish species and marine creatures. 5- He should be a permanent official employee. The Minister can exempt the one he considers from such condition.

  • Article 75

    The monitoring officer shall keep an official record in accordance with the specimen prepared and approved by the Ministry, in which he will record all information and data which he has discovered or been perused on. He then must hand over to the competent Ministry’s office after the completion of monitoring task or the completion of the recording book.