Fishery (General) Regulations

39 (1) The Regional Director-General may designate as an observer any individual who is qualified and trained to perform any of the duties described in subsection (2) and who

• (a) does not hold a certificate of accreditation issued under the Professional Fish Harvesters Act, S.N. 1996, c. P-26.1, or a fisher’s registration card;

• (b) does not purchase fish for the purpose of resale; and

• (c) is not an owner, operator, manager or employee of an enterprise that catches, cultures, processes or transports fish.

(2) The Regional Director-General shall assign to an observer designated under subsection (1) one or more of the following duties:

• (a) the monitoring of fishing activities, the examination and measurement of fishing gear, the recording of scientific data and observations and the taking of samples;

• (b) the monitoring of the landing of fish and the verification of the weight and species of fish caught and retained; and

• (c) conducting biological examination and sampling of fish.

(3) An observer who is assigned the duties set out in paragraph (2)(a) shall perform those duties while on board a fishing vessel or in an aquaculture facility.

(4) An observer who is assigned the duties set out in paragraph (2)(b) shall perform those duties while at a fish landing station or in an aquaculture facility.

(5) An observer who is assigned the duties set out in paragraph (2)(c) shall perform those duties while at a fish landing station or in an aquaculture facility.

(6) The Regional Director-General may revoke the designation of an observer designated under subsection (1) if the observer

• (a) no longer complies with the criteria set out in that subsection;

• (b) performs his or her duties in respect of a fisher with whom the observer is not dealing at arm’s length;

• (c) falsifies any information transmitted in the course of his or her duties or fails to perform those duties; or

• (d) fails to perform his or her duties in a competent and professional manner.