OBSERVER PROGRAMME Clause Samples
The Observer Programme clause establishes the framework for appointing independent observers to monitor activities, typically in contexts such as fisheries, environmental compliance, or regulatory oversight. It outlines the procedures for observer selection, their roles and responsibilities, and the obligations of the parties being observed, such as providing access to facilities, records, or vessels. This clause ensures transparency and accountability by enabling third-party verification of compliance with relevant rules or standards, thereby helping to prevent violations and promote trust among stakeholders.
OBSERVER PROGRAMME. 1 The Commission shall establish an observer programme, within three years of the entry into force of this Convention or such other period as the Commission may agree, to collect verified catch and effort data, other scientific data and additional information related to the fishing activity in the Convention Area, and its impacts on the marine environment. Information collected by the observer programme shall, as appropriate, also be used to support the functions of the Commission and its subsidiary bodies, including the Compliance and Technical Committee. The observer programme shall be coordinated by the Secretariat of the Commission, and shall be organised in a flexible manner which takes into account the nature of the fishery resources and other relevant factors. In this regard, the Commission may enter into contracts for the provision of the observer programme.
OBSERVER PROGRAMME. (1) An observer programme shall be established by the Authority for the purpose of collecting and reporting reliable and accurate information for scientific, management, and compliance purposes including -
(a) the species, quantity, size, age, and condition of fish, taken; and
(b) the methods by which, the areas in which, and the depths at which, fish are taken; and
(c) the effects of fishing methods on fish, and the environment; and
(d) all aspects of the operation of any vessel; and
(e) processing, transportation, transhipment, storage, or disposal of any fish; and
(f) any other matter that may assist the Managing Director to obtain, analyse, or verify information for the purposes of fisheries scientific, management, and compliance purposes.
(2) The Managing Director may give directions to each observer in accordance with the purposes of the observer programme, including placing an observer on any vessel used for fishing, transhipment, and the transportation and landing of fish.
OBSERVER PROGRAMME. 1. The Commission shall establish an observer programme, within three years of the entry into force of this Convention or such other period as the Commission may agree, to collect verified catch and effort data, other scientific data and additional information related to the fishing activity in the Convention Area, and its impacts on the marine environment. Information collected by the observer programme shall, as appropriate, also be used to support the functions of the Commission and its subsidiary bodies, including the Compliance and Technical Committee. The observer programme shall be coordinated by the Secretariat of the Commission, and shall be organised in a flexible manner which takes into account the nature of the fishery resources and other relevant factors. In this regard, the Commission may enter into contracts for the provision of the observer programme.
2. The observer programme shall consist of independent and impartial observers that are sourced from programmes or service providers accredited by the Commission. The programme shall be coordinated, to the maximum extent possible, with other regional, sub-regional and national observer programmes.
3. The Commission shall develop the observer programme taking into account advice from the Scientific Committee and Compliance and Technical Committee. The programme shall be operated in accordance with standards, rules and procedures developed by the Commission including, inter alia:
(a) arrangements for the placing of observers by a member of the Commission on vessels flying the flag of another member of the Commission with the consent of that member;
(b) levels of coverage appropriate for different fishery resources to monitor and verify catch, effort, catch composition and other details of fishing operations;
(c) requirements for collection, validation and reporting of scientific data and information relevant to the implementation of the provisions of this Convention and the conservation and management measures adopted by the Commission; and
(d) requirements to ensure the safety and training of observers, for observer accommodation while on board the vessel, and to ensure observers have full access to and use of all relevant facilities and equipment on board the vessel in order to perform their duties effectively.
OBSERVER PROGRAMME. 1. The Commission shall establish an observer programme, within two years of the entry into force of the Convention, to collect verified catch and effort data, other scientific data and additional information related to the fishery resources of the Convention Area, and to monitor the implementation of the provisions of this Convention and the conservation and management measures adopted by the Commission. The observer programme shall be coordinated by the Secretariat of the Commission, and shall be organised in a flexible manner which takes into account the nature of the fishery resources and other relevant factors. In this regard, the Commission may enter into contracts for the provision of the observer programme.
2. In developing the observer programme, the Commission shall take into account advice from the Scientific Committee and Compliance Committee and shall ensure that the programme is operated in accordance with standards, rules and procedures developed by the Commission. These standards, rules and procedures shall include inter alia:
(a) arrangements for the placing of observers by a Contracting Party on vessels flying the flag of another Contracting Party with the consent of that Party;
(b) an appropriate level of coverage for different fisheries and different sizes and types of fishing vessels;
(c) requirements for collection, validation and reporting of scientific information;
(d) requirements for reporting on monitoring of the implementation of the provisions of this Convention and the conservation and management measures adopted by the Commission;
(e) requirements to ensure the safety of observers; and
(f) requirements for training of observers.
OBSERVER PROGRAMME. 1. The Commission shall establish an observer programme, within two years of the entry into force of this Convention, to collect verified catch and effort data, other scientific data and additional information related to the fishery resources of the Convention Area, and to monitor the implementation of the provisions of this Convention and the conservation and management measures adopted by the Commission. The observer programme shall be coordinated by the Secretariat of the Commission, and shall be organised in a flexible manner which takes into account the nature of the fishery resources and other relevant factors. In this regard, the Commission may enter into contracts for the provision of the observer programme.
2. The observer programme shall consist of independent and impartial observers authorised by the Secretariat of the Commission. The programme shall be coordinated, to the maximum extent possible, with other regional, sub-regional and national observer programmes.
3. In developing the observer programme, the Commission shall take into account advice from the Scientific Committee and Compliance Committee and shall ensure that the programme is operated in accordance with standards, rules and procedures developed by the Commission. These standards, rules and procedures shall include inter alia:
(a) arrangements for the placing of observers by a Contracting Party on vessels flying the flag of another Contracting Party with the consent of that Party;
(b) levels of coverage appropriate for different fishery resources to monitor and verify catch, effort, catch composition and other details of fishing operations;
(c) requirements for collection, validation and reporting of scientific information;
(d) requirements for reporting of findings from the monitoring of the implementation of the provisions of this convention and the conservation and management measures adopted by the Commission;
(e) requirements to ensure the safety of observers;
(f) requirements for training of observers; and
(g) requirements in relation to electronic monitoring mechanisms.