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Chapter VI Observation during Fishing Operation
Article 23
Tuna longline fishing vessels shall receive the placement of observer(s) as dispatched by the central competent authority for observation mission onboard.
Any fishery operator of a fishing vessel that receives the observer(s) dispatched by the central competent authority shall comply with the following:
(1) He/She shall embark and disembark the observer(s) at the time and place informed by the central competent authority or the organization commissioned by the central competent authority.
(2) He/She shall provide the observer(s), while onboard the vessel, with food, accommodation, adequate sanitary amenities, and medical facilities of a reasonable standard equivalent to those normally available to an officer onboard the vessel.
(3) He/She shall instruct the captain and crew of the vessel matters related to the cooperation with or assisting the observer(s) in carrying out the duties.
Article 24
Any captain of a fishing vessel that receives the observer(s) dispatched by the central competent authority shall comply with the following:
(1) Upon the boarding of the observer(s), the captain shall inform the observer(s) of the daily routine, personal safety and vessel equipment, and shall inform all the crew onboard of the fact that the observer(s) will conduct observation mission on board.
(2) The captain shall provide the observer(s) with a satellite phone or single sideband (SSB) radiotelephone and assist the observer(s)in using the communication equipment independently.
(3) The captain shall cooperate with and assist the observer in carrying out duties, and shall not evade, obstruct or refuse to answer the inquiry related to the observation mission.
(4) The captain shall not interfere with, assault, intimidate, or bribe the observer.
(5) The captain shall provide the observer with adequate space, facilities, equipment and information on the vessel necessary for his daily living and for carrying out his/her duties.
(6) The captain shall request the crew to comply with the provision stipulated in the preceding three subparagraphs.
(7) The captain shall sign on the record(s) of observation written by the observer. In case there are different views on the record(s) of the observer, captain’s opinions may be added.
(8) The captain shall ensure the safety of the observer. In case of emergency or distress, special care and refuge shall be provided to the observer.
Article 25
In the event that an observer dies or the search and rescue are ceased for a missing observer fallen overboard, the fishing vessel shall immediately cease fishing operation, and the central competent authority shall order such vessel to navigate directly to the designated port for investigation.
In the event that an observer suffers from a serious illness or injury that threatens his or her health or safety, the fishing vessel shall immediately cease fishing operation and facilitate the disembarkation of the observer for appropriate medical treatment.
In the event that an observer is assaulted, intimidated, threatened, or harassed, the central competent authority may order such vessel to immediately cease fishing operation and navigate to the designated port within the required timeframe.