Carrying an observer on a commercial fishing vessel under the National Law 

Find out what safety checks you need to do before carrying a fishery observer onboard. 

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What is a fishery observer?

Fisheries management agencies sometimes place observers on commercial fishing vessels to monitor operations and undertake research. 

Vessels carrying fishery observers must comply with safety and certification requirements.

AMSA considers observers to be 'special personnel' as defined in Part B (General Requirements) of the National Standard for Commercial Vessels (NSCV)

Observer programs
Fishery observers are not assigned or managed by AMSA. If you've been contacted about carrying an observer and have questions about the program or placement, you need to contact the relevant fisheries management agency. 

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(1) Confirm it's safe to carry an observer

Check your vessel is safe to carry an observer.  

  • Have you conducted a risk assessment to make sure it is safe to allow an observer on board?  
  • Did the risk assessment consider the maximum number of persons that the vessel is certified to carry? (See vessel certification requirements below)
  • Is your safety management system (SMS) up to date and does it cover observers?
  • Is all required safety equipment on board and in working order?
  • Have you inducted and trained the observer and recorded this in your SMS?
  • Have you recorded an observer’s presence on board in the vessel’s logbook?  

What if I determine it’s not safe to carry an observer?    
If you determine it's not safe to carry an observer, you must not allow them on board. Contact the relevant fisheries management agency to discuss alternative arrangements. 

(2) Coordinate with the fisheries management agency

Fisheries management agencies are responsible for selecting and assigning observers.  

The fisheries management agency may contact you in advance to confirm the vessel’s certification and prepare for the observer’s induction.  

(3) Ensure the observer follows safety directions onboard  

An observer’s role is to observe and record information, they are not part of the crew or involved in direct operations.  

The master is always in control of the vessel and is responsible for safe operations.  

Observers must always follow the master’s safety directions when on board. The master may:  

  • Refuse to allow an observer on board if it would jeopardise the vessel’s safety  
  • Refuse an observer’s request if it would be unsafe or create risk (such as operating in waters beyond the vessel’s certification or moving nets in conditions that may impact the vessel’s stability).  
(4) Adhere to vessel certification requirements 

Before you allow an observer on board, you must:  

  • Check the total number of people on board, including the observer, will not exceed the maximum number of people allowed. The maximum number of people allowed will be specified under the certificate of survey, certificate of operation, Exemption 02, Exemption 40 or specific exemption permit for the vessel.  If your vessel is not required to hold any certificates or permits, you may refer to the vessel’s Australian Builders Plate as a guide to determine the maximum number of people allowed onboard in certain conditions.
  • Confirm you will still have appropriate crewing numbers (you cannot replace appropriate crew with an observer)  

You will need to contact AMSA if you wish to carry an observer and doing so would exceed the total number of people allowed on board.  

You should also ensure the table on the vessel’s certificate of survey or approval allows for the carriage of special personnel and that this number is not exceeded.  

Existing vessels that do not hold a Certificate of Survey or non-survey permit must not exceed the maximum number of persons permitted on the vessel.

(5) Transitional period 

Many fishing vessels may not currently have a certificate or permit that allows special personnel on board.  

To help, AMSA is providing a transition period to allow industry time to update their certificates or permits as follows:  

Certificate of survey holders: if your certificate does not permit the carriage of special personnel, you will need to apply to include special personnel numbers when the certificate is due for renewal.  

Exemption 02 or Exemption 40 holders: If your approval does not permit the carriage of special personnel, you will need to apply to vary the approval to include special personnel numbers before 30 June 2030. You can apply to vary an approval by submitting an AMSA form 579 (Exemption 02) or AMSA form 523 (Exemption 40).  

In the meantime, you may continue to carry fishery observers provided all other requirements outlined on this page are met. This includes ensuring that the maximum number of people that the vessel is certified to carry is not exceeded. 

Get help

If you’re unsure whether you are able to carry an observer, or you need to make changes to your vessel’s certification or permissions, please contact us.   

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