Fisheries Act 1996

Observer programme

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

You could also call this:

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

Illustration for Fisheries Act 1996

You need to know that the chief executive must tell the owner of a vessel about plans to put an observer on it. The chief executive gives the owner reasonable notice before placing an observer on the vessel. You cannot let the vessel go to sea without the required observers after getting this notice. If you get a notice, you must have the specified number of observers on the vessel before it goes to sea. If you do not do this, you can commit an offence and face a penalty as stated in section 252(3). The penalty is for people who break this rule. Reasonable notice means the chief executive tells you in writing when the observers must be on the vessel. This notice says when the vessel cannot go to sea without the observers, which is at least 5 days after the notice is given. The chief executive and the vessel's owner can also agree on a different notice period.

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223: Observer programme established, or

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


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225: Powers of observers and obligations of persons on vessels carrying observers, or

"What observers on fishing vessels can do and how you must help them"

Part 12Observer programme

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

  1. Before placing any observer on a vessel, the chief executive shall give the owner, master, operator, or licence holder, of or in respect of the vessel, reasonable notice of his or her intention to place observers on the vessel.

  2. Upon receipt of a notice given under subsection (1), no person shall cause or allow the vessel to which the notice relates to put to sea without having on board the number of observers specified in the notice given under that subsection.

  3. Every person commits an offence and is liable to the penalty set out in section 252(3) who contravenes subsection (2).

  4. For the purposes of this section, the term reasonable notice means a notice in writing that specifies a date, not earlier than 5 days after the date of service of the notice, on or after which the vessel is not to be put to sea without having on board the specified number of observers; or such other period or type of notice as may be agreed between the chief executive and the owner, master, operator, or licence holder.

Compare
  • 1983 No 14 s 67E
  • 1986 No 34 s 13(1)