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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.

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.