Fisheries Act 1996

Observer programme

223: Observer programme established

You could also call this:

"A team collects information to help keep our fisheries healthy and safe."

Illustration for Fisheries Act 1996

The observer programme is set up to collect information for fisheries research, management, and enforcement. You can think of it like a team that helps keep our fisheries healthy. The chief executive can appoint people to be observers, and they have certain powers to do their job. The chief executive can put observers on any vessel to watch fishing and collect information. Observers can collect information on things like the types of fish caught, how they are caught, and how fishing affects the environment. They can also collect information on vessel safety, employment, and pollution. The information they collect helps the chief executive and the Minister make good decisions about fisheries. You can read more about the powers of observers in sections 225 and 227.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398667.


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"Who can be an examiner to help manage fisheries laws and check records?"


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224: Chief executive to give notice of intention to place observer on vessel, or

"Government must warn boat owners before putting an observer on their vessel"

Part 12Observer programme

223Observer programme established

  1. The observer programme is established for the purposes of—

  2. collecting reliable and accurate information for fisheries research, fisheries management, and fisheries enforcement:
    1. collecting reliable and accurate information about vessel safety and employment on fishing vessels:
      1. collecting reliable and accurate information about compliance with maritime rules relating to pollution and the discharge of waste material from vessels.
        1. 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.

        2. The chief executive may place any observer appointed under this section on any vessel to—

        3. observe fishing and the transhipment, transportation, and landing of fish, aquatic life, or seaweed; and
          1. collect reliable and accurate information specified in subsection (1).
            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—

            2. the species, quantity, size, age, and condition of fish, aquatic life, or seaweed taken:
              1. the methods by which, the areas in which, and the depths at which, fish, aquatic life, or seaweed are taken:
                1. the effects of fishing methods on fish, aquatic life, seaweed, and the aquatic environment (including seabirds and protected species):
                  1. 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):
                    1. processing, transportation, transhipment, storage, or disposal of any fish, aquatic life, seaweed, waste, or any other matter:
                      1. 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:
                        1. 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.
                          1. No fishery officer or any person with the powers of a fishery officer shall be appointed under subsection (2).

                          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.

                          Compare
                          • 1983 No 14 ss 67C, 67D
                          • 1986 No 34 s 13(1)
                          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).