Chapter V, Article 29 · Regulation (EU) 2022/2056

Contents

Article 29Rights and obligations of vessel operators, masters and crews#

1.The rights of vessel operators and masters shall include:

(a)a reasonable period of prior notification of the placement of an ROP observer;

(b)the compliance of that observer with the general rules of behaviour, hierarchy, laws and regulations applicable; and

(c)the opportunity to review and comment on the ROP observer’s report, and the right to include additional information deemed relevant or a personal statement.

2.The fishing vessel operators, including the masters of fishing vessels, shall comply with the following obligations:

(a)accepting on board the vessel any person identified as an ROP observer when required by the WCPFC;

(b)informing the crew of the timing of the ROP observer’s boarding as well as their rights and responsibilities when an ROP observer boards the vessel;

(c)assisting the ROP observer to safely embark and disembark the vessel at an agreed place and time;

(d)giving notice to the ROP observer at least 15 minutes before the start of a set or haul on board, unless the observer specifically requests not to be notified;

(e)allowing and assisting the ROP observer to carry out all duties safely;

(f)allowing the ROP observer full access to the vessel’s records including vessel logs and documentation for the purpose of records inspection and copying;

(g)allowing the ROP observer to have reasonable access to navigational equipment, charts and radios, and to other information relating to fishing;

(h)permitting access to any additional equipment present in order to facilitate the work of the ROP observer while on board the vessel, such as high-powered binoculars, electronic means of communication, etc.;

(i)allowing and assisting the ROP observer to remove and store samples from the catch;

(j)providing food, accommodation and adequate sanitary amenities to the ROP observer while on board the vessel, at no expense to the observer or the ROP observer provider or any government providing observers, as well as providing medical facilities of a reasonable standard equivalent to those normally available to an officer on board the vessel;

(k)providing insurance coverage to the ROP observer while on board the vessel, for the duration of the observer’s time on board;

(l)allowing and assisting the ROP observer to have full access to and use of all facilities and equipment of the vessel that the observer may determine is necessary to carry out his or her duties, including full access to the bridge, fish on board and areas which may be used to hold, process, weigh or store fish;

(m)ensuring that the ROP observer is not assaulted, obstructed, resisted, delayed, intimidated, interfered with, influenced, bribed or subject to a bribe attempt in the performance of his or her duties;

(n)ensuring that the ROP observer is not coerced or convinced to breach his or her responsibilities.

3.The rights of the fishing vessel crew shall include:

(a)the compliance of the ROP observer with the general rules of behaviour, hierarchy, laws and regulations applicable;

(b)a reasonable period of prior notification of the placement of an ROP observer given by the master of the vessel; and

(c)privacy in crew personal areas.

4.The fishing vessel crew shall comply with the following obligations:

(a)refraining from impeding or delaying observer duties and from coercing or convincing the ROP observer to breach his or her responsibilities;

(b)compliance with this Regulation, regulations and procedures established under the Convention, and guidelines, regulations or conditions established by the Member State that exercises jurisdiction over the vessel;

(c)allowing, and assisting with the provision of, full access to and use of all facilities and equipment of the vessel which the observer may determine is necessary to carry out his or her duties, including full access to the bridge, fish on board and areas that may be used to hold, process, weigh or store fish;

(d)allowing and assisting the ROP observer to carry out all duties safely;

(e)allowing and assisting the ROP observer to remove and store samples from the catch;

(f)compliance with directions given by the master of the fishing vessel with respect to the ROP observers’ duties.