ROP
1. The objective of the ROP is to collect verified catch data, other scientific data and additional information related to the fishery in the Convention Area and to monitor the implementation of the CMMs.
2. The ROP shall apply to vessels fishing:
(a)
exclusively on the high seas;
(b)
on the high seas and in waters under the jurisdiction of one or more coastal States; and
(c)
in the waters under the jurisdiction of two or more coastal States.
3. Member States shall be responsible for meeting the level of observer coverage as set by the WCPFC.
4. Member States shall achieve 100 % observer coverage annually by ROP observers for purse-seine fishery in the area bounded by 20°N and 20°S, and at least 5 % coverage annually by ROP observers for other fisheries.
5. The duties of observers operating under the ROP shall include the collection of catch data and other scientific data, the monitoring of the implementation of the CMMs and the collection of any additional information related to the fishery that may be decided by the WCPFC.
6. ROP observers shall remain attentive and shall collect information on practices that could harm the environment, in accordance with the applicable CMM.
7. Union fishing vessels fishing in the Convention Area shall accept on board an ROP observer.
8. Member States shall use the information collected by observers for the purpose of investigating possible instances of non-compliance and shall cooperate in the exchange of such information, including by proactively requesting copies of observer reports and by responding to and facilitating the fulfilment of such requests, in accordance with standards adopted by the WCPFC.
9. 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.
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;
(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.
Safety of observers
1. If an ROP observer is missing or presumed fallen overboard, the master of a fishing vessel shall:
(a)
immediately cease all fishing operations;
(b)
immediately commence search and rescue operations and search for at least 72 hours, unless force majeure constrains flag Member States to allow the vessels flying their flag to cease search and rescue operations before the 72 hours have elapsed or unless instructed by the flag Member State to continue searching beyond the 72 hour time-limit;
(c)
immediately notify the flag Member State thereof;
(d)
immediately alert other vessels in the vicinity by using all available means of communication;
(e)
cooperate fully in any search and rescue operation;
(f)
whether or not the search is successful, return the vessel for further investigation to the nearest port, as agreed by the flag Member State and the observer provider;
(g)
provide a report on the incident to the observer provider and the appropriate authorities on the incident; and
(h)
cooperate fully in all official investigations, and preserve any potential evidence and the personal effects and quarters of the deceased or missing observer.
2. Paragraph 1, points (a), (c) and (h), shall also apply in the event that an ROP observer dies. In addition, the master of the fishing vessel shall ensure that the body is well-preserved for the purposes of an autopsy and investigation.
3. If an ROP observer suffers from a serious illness or injury that threatens his or her health or safety, the master of the fishing vessel shall:
(a)
immediately cease fishing operations;
(b)
immediately notify the flag Member State thereof;
(c)
care for the observer and provide any medical treatment available and possible on board the vessel;
(d)
assist in the disembarkation and transport of the observer to a medical facility equipped to provide the required care, as soon as practicable in accordance with the flag Member State’s directions or, in the absence of such directions, with the directions provided by the ROP observer provider; and
(e)
cooperate fully in all official investigations into the cause of the illness or injury.
4. For the purposes of paragraphs 1 to 3, the flag Member State shall ensure that the appropriate maritime rescue coordination centre, the ROP observer provider and the WCPFC Secretariat are immediately notified.
5. If there are reasonable grounds to believe an ROP observer has been assaulted, intimidated, threatened or harassed such that his or her health or safety is endangered and the ROP observer or the ROP observer provider indicates to the flag Member State that they wish for the observer to be removed from the fishing vessel, the flag Member State shall ensure that the master of the fishing vessel:
(a)
immediately takes action to preserve the safety of the ROP observer and mitigate and resolve the situation on board;
(b)
notifies the flag Member State and the ROP observer provider of the situation, including the status and location of the observer, as soon as possible;
(c)
assists in the safe disembarkation of the observer in a manner and place as agreed by the flag Member State and the ROP observer provider, that facilitates access to any necessary medical treatment; and
(d)
cooperates fully in all official investigations into the incident.
6. If there are reasonable grounds to believe that an ROP observer has been assaulted, intimidated, threatened or harassed, but neither the observer nor the observer provider wishes that the observer be removed from the fishing vessel, the flag Member State shall ensure that the master of a fishing vessel:
(a)
takes action to preserve the safety of the ROP observer and mitigate and resolve the situation on board as soon as possible;
(b)
notifies the flag Member State and the ROP observer provider of the situation as soon as possible; and
(c)
cooperates fully in all official investigations into the incident.
7. If, after port disembarkation from a fishing vessel of an ROP observer, an ROP observer provider identifies a possible violation involving assault or harassment of the ROP observer while on board the fishing vessel, the ROP observer provider shall notify, in writing, the flag Member State and the WCPFC Secretariat. That Member State shall inform the Commission, or a body designated by it, of the notification received.
8. Following the notification referred to in paragraph 7, the flag Member State shall:
(a)
investigate the event based on the information given by the ROP observer provider and take any appropriate action in response to the results of the investigation;
(b)
cooperate fully in any investigation conducted by the ROP observer provider, including submitting the report of the incident to the ROP observer provider and the appropriate authorities; and
(c)
notify the observer provider and the WCPFC Secretariat, with the Commission, or a body designated by it, in copy, of the results of its investigation and any action taken.
9. Member States shall ensure that their national observer providers:
(a)
immediately notify the Member State in the event that an ROP observer dies, is missing or presumed fallen overboard in the course of observer duties;
(b)
cooperate fully in any search and rescue operation;
(c)
cooperate fully in all official investigations into any incident involving an ROP observer;
(d)
assist in the disembarkation and replacement of an ROP observer in a situation involving the serious illness or injury of that observer as soon as possible;
(e)
assist in the disembarkation of an ROP observer in any situation involving threats to, or the assault, intimidation or harassment of, that observer where the observer wishes to be removed from the vessel as soon as possible; and
(f)
provide the Member State with a copy of the ROP observer report on alleged infringements involving that provider’s ROP observer upon request.
10. Flag Member States shall ensure that their authorised inspection vessels cooperate in any search and rescue operation involving an ROP observer.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
