Part 12Observer programme
223Observer programme established
The observer programme is established for the purposes of—
- collecting reliable and accurate information for fisheries research, fisheries management, and fisheries enforcement:
- collecting reliable and accurate information about vessel safety and employment on fishing vessels:
- collecting reliable and accurate information about compliance with maritime rules relating to pollution and the discharge of waste material from vessels.
The chief executive may appoint any person to be an observer for the purposes of the observer programme under subsection (1), and an observer so appointed has all the powers of an observer under sections 225 and 227.
The chief executive may place any observer appointed under this section on any vessel to—
- observe fishing and the transhipment, transportation, and landing of fish, aquatic life, or seaweed; and
- collect reliable and accurate information specified in subsection (1).
An observer may collect any information on fisheries resources, fishing (including catch and effort information), the effect of fishing on the aquatic environment, and the transportation of fish, aquatic life, or seaweed, or on any other matter, including—
- the species, quantity, size, age, and condition of fish, aquatic life, or seaweed taken:
- the methods by which, the areas in which, and the depths at which, fish, aquatic life, or seaweed are taken:
- the effects of fishing methods on fish, aquatic life, seaweed, and the aquatic environment (including seabirds and protected species):
- all aspects of the operation of any vessel (including any matter relating to vessel safety, the employment of any person on the vessel, or maritime rules relating to pollution and the discharge of waste material from vessels):
- processing, transportation, transhipment, storage, or disposal of any fish, aquatic life, seaweed, waste, or any other matter:
- any other matter that may assist the chief executive or the Minister to obtain, analyse, or verify information for the purposes of fisheries research, fisheries management, and fisheries enforcement:
- any other matter that may assist any person, department, or agency with statutory responsibilities for vessel safety, employment matters, or maritime rules relating to pollution and the discharge of waste material from vessels to obtain, analyse, or verify information relevant to those responsibilities.
No fishery officer or any person with the powers of a fishery officer shall be appointed under subsection (2).
No person shall be deemed to be employed in the service of the Crown by reason of that person having been appointed as an observer.
Notes
- Section 223(1): replaced, on , by section 11(1) of the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 (2014 No 60).
- Section 223(3): replaced, on , by section 11(2) of the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 (2014 No 60).
- Section 223(4): amended, on , by section 11(3) of the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 (2014 No 60).
- Section 223(4)(d): amended, on , by section 11(4) of the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 (2014 No 60).
- Section 223(4)(e): amended, on , by section 11(5) of the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 (2014 No 60).
- Section 223(4)(g): inserted, on , by section 11(6) of the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 (2014 No 60).


