← belizelaw.ai · Fisheries Resources Act, Cap. 210 · PART XIV — Monitoring, Control and Surveillance

Observers

Cap. 210, s. 55 · Revised Edition 2020

(1) The Fisheries Administrator may designate in writing persons to act as observers on vessels issued with valid licences or authorizations pursuant to this Act. (2) Notwithstanding sub-section (1), observers may be designated in accordance with any fishery management plan, treaty, international conservation and management measure and shall be designated where required by any fishery plan or any agreement or where an observer or class of observers has been certified under the terms of such plan, treaty or international conservation and management measure. (3) Persons designated in accordance with sub-section (2) who are not Belizean nationals shall be subject to the provisions of this Act while carrying out their duties and functions. (4) The duties and functions of an observer include– (a) board and remain on such vessel at such time and place as the Fisheries Administrator may (b) to hold, process, weigh and store fish; (c) to inspect and copy records; (d) to inspect fishing gear; (e) to inspect navigation and radio equipment; (f) to take fish samples; Fisheries Resources [CAP. 210 63 (g) take photographs of the fishing operations, including fish, fishing gear, equipment, charts and records, and remove from the vessel such photographs or film as the observer may have taken or used on board the vessel; (h) send or receive messages by means of the vessel’s communications equipment; (i) gather any other information relating to fisheries in the fisheries waters or other areas as may be required by licence or authorization; and (j) to conduct scientific and monitoring of fish. (5) The master, and each member of the crew of such vessel shall permit and assist an observer to– (a) board and remain on such vessel for the purpose of carrying out the observer’s duties and functions, at such time and place as the Fisheries Administrator may require; (b) have full access to and the use of facilities and equipment on board the vessel which the observer may determine is necessary to carry out his duties, including (i) full access to the fridge, fish on board and areas which may be used to hold, process, weigh and store fish; (ii) full access to the vessel's records including its log and documentation for the purpose of records inspection and copying; (iii) full access to fishing gear on board; 64 Fisheries Resources (iv) full access to navigation equipment and radios; (v) take and remove from the vessel reasonable samples for the purposes of scientific investigation and other relevant information; (vi) take photographs of the fishing operations, including fish, fishing gear, equipment, charts and records, and remove from the vessel such photographs or film as the observer may have taken or used on board the (vii) send or receive messages by means of the vessel’s communications equipment; and (viii) gather any other information relating to fisheries in the fisheries waters or other areas as may be required by licence or authorization; (c) conduct scientific, monitoring and other functions; (d) carry out the observer’s duties safely; and (e) disembark at such time and place as may be determined by the Fisheries Administrator or in accordance with an access agreement. (6) While on board the vessel, the operator shall provide the observer, at no expense to the Government, with food, accommodation and medical facilities at a standard equivalent to that provided to officers of that vessel or to such reasonable standard as may be acceptable to the Fisheries Administrator. Fisheries Resources [CAP. 210 65 (7) In addition to the requirements in sub-section (6), the Fisheries Administrator may require the operator to pay in full the following costs of the observer– (a) travel costs to and from the vessel; (b) such salary as may be notified by the Fisheries Administrator, being the full amount of such salary; and (c) full insurance coverage. (8) The master of a vessel with a valid licence issued in accordance with this Act shall allow and assist any observer to have full access to any place within Belize where fish is unloaded or transshipped, to remove samples and to gather any information relating to fisheries or operation of the vessel.
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