L 276/16
9.
EN
Official Journal of the European Union
26.10.2022
The rights of observers shall include:
(a) 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, the fish on board and areas which may be used to hold, process, weigh or store fish; (b) full access to the vessel’s records including its logs and documentation for the purpose of inspection and copying of records, reasonable access to navigational equipment, charts and radios and other information relating to fishing; (c) upon request, access to and use of communications equipment and crew for entry, transmission and receipt of work related data or information; (d) access to any additional equipment present on board in order to facilitate the work of the observer while on board the vessel, such as high powered binoculars, electronic means of communication, etc.; (e) access to the working deck during net or line retrieval and to specimens (alive or dead) in order to collect and remove samples; (f) a notice of at least 15 minutes before the start of a hauling or net setting procedure, unless the observer specifically requests not to be notified; (g) access to food, accommodation, medical facilities and sanitary facilities of a reasonable standard, equivalent to those normally available to an officer on board the vessel; (h) the provision of adequate space on the bridge or another designated area for clerical work and of adequate space on the deck for observer duties; (i) freedom to carry out their duties without being assaulted, obstructed, resisted, delayed, intimidated or interfered with in the performance of their duties.
10.
The obligations of observers are the following:
(a) being capable of performing the duties set out by this Regulation and the applicable CMMs; (b) acceptance of and compliance with agreed confidentiality rules and procedures with respect to the fishing operations of vessels and of vessel owners; (c) maintenance of independence and impartiality at all times while on duty under the ROP; (d) compliance with the ROP protocols for ROP observers on board a vessel; (e) compliance with the laws and regulations of the contracting party and the cooperating non-party, as defined by the Convention, that exercise jurisdiction over the vessel; (f)
respecting the hierarchy and general rules of behaviour that apply to all vessel crew;
(g) performance of duties in a manner that does not unduly interfere with the lawful operations of the vessel, with due consideration to the operational requirements of the vessel and communicating regularly with the master of the vessel for that purpose; (h) familiarity with the emergency procedures aboard the vessel, including the locations of life rafts, fire extinguishers and first aid kits; (i)
communicating regularly with the vessel master on relevant observer issues and duties;
(j)
observance of the ethnic traditions of the crew and of the customs of the flag State of the vessel;
(k) adherence to the applicable code of conduct for observers; (l)
promptly writing reports and submitting them to the Commission in accordance with procedures adopted by the WCPFC;
(m) not unduly interfering with the lawful operations of the vessel, in carrying out their duties giving due consideration to the operational requirements of the vessel and to the extent practicable minimising disruption of the operation of vessels fishing in the Convention Area.
Article 29 Rights 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;