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Fisheries Act 1996

Observer programme

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

You could also call this:

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

Illustration for Fisheries Act 1996

If you are on a vessel with an observer, you must let them do their job. They can look at the fishing gear, storage, and processing facilities on the vessel at a reasonable time. They can also access the bridge, navigation equipment, and logs. You must allow the observer to talk to anyone on the vessel about their work. They can send and receive messages and take samples of fish or other species. They can store these samples on the vessel. If you do not help the observer or stop them from doing their job, you can get in trouble. You might have to pay a penalty, which is explained in section 252(3). You must provide reasonable assistance to the observer and not hinder them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398670.

Topics:
Environment and resources > Farming and fishingBusiness > Industry rules
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"Government must warn boat owners before putting an observer on their vessel"

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226: Food and accommodation to be provided for observers, or

"Look after observers on your boat with food and a place to stay"

Part 12Observer programme

225Powers of observers and obligations of persons on vessels carrying observers

  1. The owner, master, or operator of any vessel, or licence holder in respect of any vessel, on which an observer is placed under this Part shall allow the observer, at any reasonable time, having regard to the operations of the vessel, to—

  2. have access to the fishing gear and the storage and processing facilities on the vessel:
    1. have access to any fish, aquatic life, or seaweed (including seabirds and protected species) on board the vessel:
      1. have access to the bridge and the navigation and communications equipment of the vessel:
        1. have access to the logs and records of the vessel, whether required to be carried and maintained by or under this Act or otherwise:
          1. have access to any safety equipment and to any document concerning the manufacture or operation of the equipment:
            1. have access to any person engaged or employed to do work on the vessel so that, if the observer so wishes, the observer may discuss with that person any matter concerning his or her engagement or employment on the vessel:
              1. receive and transmit messages and communicate with the shore and other vessels:
                1. take, measure, and retain samples or whole specimens of any fish, aquatic life, seaweed, or any seabird or protected species caught:
                  1. store samples and whole specimens on the vessel, including samples and whole specimens held in the vessel's freezing facilities.

                    1. Every person on board a vessel on which there is an observer commits an offence, and is liable to the penalty set out in section 252(3), who—

                    2. fails to provide reasonable assistance to enable the observer to exercise powers under subsection (1); or
                      1. hinders or prevents the observer exercising those powers.

                        Compare
                        • 1983 No 14 s 67F
                        • 1986 No 34 s 13(1)
                        Notes
                        • Section 225(1)(da): inserted, on , by section 12 of the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 (2014 No 60).
                        • Section 225(1)(db): inserted, on , by section 12 of the Fisheries (Foreign Charter Vessels and Other Matters) Amendment Act 2014 (2014 No 60).