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Following a number of consultations with all stakeholders and the replacement of the Fisheries Act with the Marine Resources Act of 2000, the Fisheries Observer Agency (FOA) was established and started operations in May 2002 after the signing of the Memorandum of Agreement between the Minister of Fisheries and Marine Resources and the Chief Executive Officer of the Agency. Since then the agency continued to operate from offices in Walvis Bay and L├╝deritz.

The FOA is tasked with providing Administering and managing the Observer Programme. All observers that were employed by the MFMR were transferred to the FOA on 1st May 2002. The Observers are now all permanent employees and receive a Basic Salary, an allowance for each day spent at sea and fringe benefits such as medical aid, pension and housing.