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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.

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.