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Fisheries Act 1996

Observer programme

227: Supervision by observers of transhipments, dumping of fish, and operation of conversion factors

You could also call this:

"Observers on boats check you follow fishing rules"

Illustration for Fisheries Act 1996

You are on a boat with an observer. The observer watches what you do with fish and seaweed. They check if you follow the rules when moving fish from one boat to another or throwing them away. They also check how you process the fish to make sure you are doing it correctly. You must give the observer the information they need and let them inspect the boat and the fish. They can take samples of fish and other things to check what you have caught. They can also make copies of your records and store samples in the boat's freezer. If you do not let the observer do their job, you can get in trouble and have to pay a penalty, as stated in section 252(3). The observer is there to make sure you are following the rules, like those about conversion factor certificates. You must cooperate with the observer and provide them with the information they need to do their job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398672.

Topics:
Environment and resources > Farming and fishing
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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"

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227A: Installation and maintenance of equipment on vessels may be required, or

"Boats may need special equipment to monitor fishing activities"

Part 12Observer programme

227Supervision by observers of transhipments, dumping of fish, and operation of conversion factors

  1. If an observer is on board a vessel—

  2. from which, or to which, any fish, aquatic life, or seaweed are transhipped; or
    1. from which any fish, aquatic life, or seaweed subject to the quota management system are returned to or abandoned in the sea; or
      1. in respect of which any conversion factor certificate may be or has been given under section 188(2); or
        1. which is taking or has taken fish, aquatic life, or seaweed outside New Zealand fisheries waters,—
            1. the master of the vessel or, in the case of transhipment, the master of each vessel, shall provide such information, and shall allow the observer to carry out such inspections (including sampling and measuring) of the vessel, any fish, aquatic life, or seaweed, taken, processed, transhipped, or landed, and documents, as the observer may require for the purpose of—
          1. observing the transhipment, abandonment, or return to sea; or
            1. collecting information on the method of processing, and performance of the vessel in undertaking such processing, in order to determine or monitor any conversion factor; or
              1. observing the fishing activities of the vessel and the landing and disposal of its catch; or
                1. taking, measuring, and retaining samples or whole specimens of any fish, aquatic life, seaweed, seabirds, or protected species caught.

                  1. An observer may take and make copies of such records, documents, or information as the observer may require for the purposes of subsection (1).

                  2. An observer may store in the vessel's freezing facilities such samples and whole specimens of any fish, aquatic life, seaweed, seabirds, or protected species as the observer may require for the purposes of subsection (1).

                  3. Every person commits an offence and is liable to the penalty set out in section 252(3) who contravenes or fails to comply with subsection (1).

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